Fla. Admin. Code tit. 40 | Fla. Admin. Code Title 40 — Water Management Districts

Division 40A Northwest Florida Water Management District

Chapter 40A-1 GENERAL AND PROCEDURAL RULES

Fla. Admin. Code R. 40A-1.001 Description of Organization

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53, 373.103 FS. History–New 3-31-80, Formerly 16G-1.02, 16G-1.03, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.0015 General Information Concerning the District

History

Rulemaking Authority 373.044 FS. Law Implemented 373.073, 373.076, 373.079, 120.53 FS. History–New 3-31-80, Formerly 16G-1.03, 16G-1.06, 16G-1.08, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.002 Variances from Water Shortage Plan

History

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 7-1-98, Repealed 4-17-18.

Fla. Admin. Code R. 40A-1.0020 Delegations of Authority

History

Rulemaking Authority 373.044 FS. Law Implemented 373.016, 373.103 FS., Section 17-1.01, Chapters 17-21, 17-22, F.A.C. History–New 3-31-80, Formerly 16G-1.05, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.0025 Variances from Water Shortage Plan

History

Rulemaking Authority 373.044 FS. Law Implemented 373.083, 373.103 FS. History–New 3-31-80, Formerly 16G-1.03, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.003 Interagency Agreements

History

Rulemaking Authority 373.044 FS. Law Implemented 373.043, 373.083 FS. History–New 3-31-80, Amended 6-21-81, 10-1-84, 6-22-94, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.004 Agreements

History

Rulemaking Authority 373.044 FS. Law Implemented 373.046, 373.083 FS. History–New 3-2-00, Repealed 8-6-13.

Fla. Admin. Code R. 40A-1.0045 District Funds

(1) District funds may be disbursed with the Board’s approval by check bearing the signatures or facsimile signatures of the secretary-treasurer or assistant secretary-treasurer, and the chairman or vice chairman. All general and interfund checks issued shall be reported to the Board at its next regular meeting.

(2) The Executive Director shall serve as the assistant secretary-treasurer.

(3) District funds may be disbursed, by wire or electronic transfer. The Executive Director, or his designee, shall authorize and supervise all wire or electronic transfers of District funds, and shall report all wire or electronic transfer transactions to the Board at its regular meeting following such transaction.

(4) The Executive Director shall provide written instructions to each financial entity that will be transferring District funds by wire or electronic transfer indicating which District staff shall have the authority to request wire or electronic transfers of District funds.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.553 FS. History–New 8-6-13.

Fla. Admin. Code R. 40A-1.011 Policy and Purpose

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53 FS. History–New 3-31-80, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.021 Definitions

Terms as defined in Chapters 120 and 373, F.S., apply throughout these rules. In addition:

(1) District ‒ the Northwest Florida Water Management District.

(2) District Offices – locations staffed by District personnel from which materials incorporated by reference into the rule can be obtained. These are:

(a) District Headquarters, 152 Water Management Drive, Havana, FL 32333-9700; and,

(b) DeFuniak Springs Service Office, 700 US Highway 331 S, DeFuniak Springs, FL 32435.

(3) Executive Director ‒ the person employed by the Governing Board to direct the District’s operations, supervise staff and administrative procedures, and execute policies adopted by the Board.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.069, 373.079 FS. History–New 3-31-80, Formerly 16G-1.01, Amended 4-15-14.

Fla. Admin. Code R. 40A-1.031 Implementation

History

Rulemaking Authority 373.044 FS. Law Implemented 120.54 FS. History–New 3-31-80, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.041 Permits; Procedure

History

Rulemaking Authority 373.044 FS. Law Implemented 120.57, 120.60, 373.106, 373.116, 373.223, 373.229, 373.243, 373.309, 373.313, 373.413, 373.416, 373.426, 373.429 FS. History–New 3-31-80, Amended 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.071 Meetings, Workshops, and Notices

History

Rulemaking Authority 120.53(1), 373.044 FS. Law Implemented 120.53, 286.0105, 373.044 FS. History–New 3-31-80, Amended 10-1-84, 4-9-91, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.072 Emergency Meetings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1)(d) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.073 Conducting Meetings, Hearings, and Workshops by Communications Media Technology

History

Rulemaking Authority 120.53(6) FS. Law Implemented 120.53(6) FS. History–New 4-9-91, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.081 Agendas

History

Rulemaking Authority 120.53, 373.044 FS. Law Implemented 120.53, 120.54 FS. History–New 3-31-80, Formerly 16G-1.10, 16G-1.11, Amended 10-1-84, 4-9-91, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.082 Agency Clerk and Official Reporter

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53(2)(c), (4), 373.103 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.091 Rule Making Proceedings

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53, 120.54, 120.56 FS. History–New 3-31-80, Formerly 16G-1.13-.18, 16G-1.20, 16G-1.31, Repealed 10-1-84.

Fla. Admin. Code R. 40A-1.1002 Variances from Water Shortage Plan

History

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 7-1-98, Repealed 4-17-18.

Fla. Admin. Code R. 40A-1.1003 Variance and Emergency Variance or Authorization Procedures

(1) Petitions for variances from District rules, including but not limited to Rules 40A-3.451, 40A-6.451, 40A-21.275 and 40A-44.451, F.A.C., that require immediate action and which comply with the variance petition requirements of Chapter 28-104, F.A.C., shall be temporarily acted upon by the Executive Director or his designee. Petitions acted upon by the Executive Director or his designee shall be presented to the Governing Board for concurrence, rejection or modification.

(2) Mere carelessness, lack of planning on the part of the applicant or an agent for the applicant, or a desire to expedite the required work shall not be sufficient grounds to warrant the granting of an emergency variance or authorization. The decision of the Executive Director or his designee, will remain in effect until such time as the petition is fully evaluated and acted upon by the Governing Board.

(3) The district shall take action on an application for an emergency variance or authorization within 30 days of its receipt by the district or at its next regularly scheduled meeting for which notice may properly be given.

History

Rulemaking Authority 120.54(5), 373.044, 373.085(1), 373.246, 373.308, 373.309, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.175, 373.246, 373.308, 373.309, 373.313, 373.316, 373.326, 373.342, 373.413, 373.416, 373.426, 373.439, 373.084, 373.085 FS. History–New 7-1-98, Amended 3-2-00.

Fla. Admin. Code R. 40A-1.1010 Point of Entry Into Proceedings

(1) The District’s publication of notice of its decisions or of its intent to render a decision in the Florida Administrative Register, or in newspapers of general circulation in the area affected by such decisions, whichever is later, or, where appropriate, mailing copies of its notice to applicants, competitors, and interested groups shall be used in establishing the date petitioner received notice. “Receipt” of mailed notice shall be deemed to be the third day after the date on which the notice is deposited in the United States Mail.

(2) Any person who fails to request a hearing within the applicable time period after receipt of notice, as defined by subsection (1), shall have waived the right subsequently to request a hearing on such matters.

(3) The point of entry for all enforcement and remedial proceedings of the District is 14 days from receipt of the administrative complaint or order for corrective action or such other similar notification of violation or need for remediation, pursuant to the provisions of Section 373.119, F.S.

(4) The point of entry for all license and permit proceedings, except license disciplinary proceedings, is 21 days after receipt of the notice of proposed action or the notice of action, pursuant to the provisions of the Uniform Rules of Procedure.

History

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 120.569, 373.084, 373.085, 373.216, 373.308, 373.309, 373.116, 373.119, 373.219, 373.323, 373.406(6), 373.413, 373.416, 373.418, 373.426, 373.427 FS. History–New 7-1-98, Amended 3-2-00.

Fla. Admin. Code R. 40A-1.1020 General Procedures for Permit Applications

History

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4136 FS. Law Implemented 120.54(5), 120.60, 373.084, 373.085, 373.171, 373.216, 373.219, 373.229, 373.308, 373.309, 373.118, 373.2295, 373.323, 373.413, 373.416, 373.418, 373.426 FS. History–New 7-1-98, Amended 3-2-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.1030 Contract Bidding – Resolution of Protest

History

Rulemaking Authority 120.54(5), 373.044 FS. Law Implemented 120.57(3), 373.083 FS. History–New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.1040 General Permits

History

Rulemaking Authority 120.54(5), 373.044, 373.118 FS. Law Implemented 373.118 FS. History–New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.121 Notice and Hearing Requirements

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53, 120.54 FS. History–New 3-31-80, Formerly 16G-1.20-.30, 16G-1.32-.42, Repealed 10-1-84.

Fla. Admin. Code R. 40A-1.131 Personnel Rules

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53, 120.54, 373.044 FS. History–New 4-8-85, Amended 5-4-87, 11-5-90, 11-20-91, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.180 Procedures for Contracting for Professional Services

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055, 373.083 FS. History–New 3-31-80, Formerly 16G-1.47, 40A-1.801, Amended 5-4-87, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.181 Contract Bidding – Reservation of Rights

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.005, 373.083 FS. History–New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.182 Contract Bidding – Resolution of Protest

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083 FS. History–New 10-1-84, Amended 6-8-86, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-1.201 Permit Applications – General

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.083, 373.116, 373.118, 373.119, 373.229, 373.239, 373.243, 373.246, 373.413, 373.416, 373.429 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.202 Permits Required

History

Rulemaking Authority 373.044 FS. Law Implemented 120.53 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.2026 Easements Across District Owned Lands to Privately-Owned Lands

(1) The District shall only grant an easement across, under or through District-owned lands to a privately-owned parcel of land upon the affirmative vote of the Governing Board based upon the following criteria:

(a) A written analysis performed by the person or entity requesting the easement demonstrating why the easement cannot be located in a manner which will avoid District-owned lands;

(b) The proposed easement must be located within an existing easement, along a District-owned land boundary, or within an existing fireline or roadway; and

(2) The District must be compensated for the fair market value of the loss of use of the land within the proposed easement.

(3) The Governing Board retains the right to deny any request for an easement across District-owned lands for any reason or no reason.

(4) Rule 40A-1.2026, F.A.C. shall be reviewed by the District five (5) years after its effective date to determine whether the rule remains necessary and, if it does not remain necessary, the District shall follow the procedures for repeal of the rule as set forth in Chapter 120, Florida Statutes.

History

Rulemaking Authority 373.044, 373.113, 373.1391, F.S. Law Implemented 373.056, 373.085, 373.089, 373.139, 373.1391 F.S. History-New 8-21-23.

Fla. Admin. Code R. 40A-1.2025 Fees

(1) A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules. This fee is for the purpose of helping defray the costs of evaluation, processing, noticing, advertising, and mailing required in connection with consideration of such applications, as well as costs of monitoring and inspecting for compliance with the permit. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be an incorrect amount. The appropriate fees are established in each separate rule. Failure of any person to pay the fees established in the appropriate rule shall result in the denial of an application.

(2) Any portion of the fees enumerated in any District rule in excess of $100 shall be waived for any:

(a) County;

(b) Municipality;

(c) Entity created by special act, local ordinance, or interlocal agreement of counties or municipalities eligible for fee waiver under the provisions of Section 218.075, F.S.; or

(d) Third party under contract with an entity specified in paragraph (a), (b) or (c) where the project for which the fee reduction or waiver is sought serves a public purpose.

The waiver shall be granted upon receipt of a certification from such county or municipality of hardship in accordance with the provisions of Section 218.075, F.S. The Governing Body of the municipality or county requesting the fee waiver shall provide certification in the form of a written statement from the Florida Department of Revenue or using Form 165, effective 4-15-14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03904), which is hereby incorporated by reference and can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices. Any such certification shall be presumed to be valid for the entire fiscal year of the municipality or county during which certification is made unless the certification clearly indicates a duration to the contrary.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 218.075, 373.109 FS. History–New 5-7-95, Amended 3-2-00, 4-15-14.

Fla. Admin. Code R. 40A-1.203 Permit Application Procedure

(1) Procedures for permit applications shall be in accordance with Chapter 120, F.S., and this chapter.

(2) For an agricultural or forestry surface water management permit pursuant to paragraph 40A-44.041(2)(b) or (c), F.A.C., or an Individual Water Use Permit pursuant to Rule 40A-2.041, F.A.C., the District shall cause a notice thereof to be published in a newspaper having general circulation as defined in Chapter 50, F.S. or by any other manner allowed by Statute. In addition, the District shall provide a copy of the notice to any person who has filed a written request for notification of any pending applications affecting the particular designated area. Interested persons may object to or comment upon the proposed permit in writing by the date specified in the notice. The District will request persons submitting objections or comments to furnish additional information if substantiation or clarification is required. The District will provide the applicant with a copy of all objections and comments received.

(3) Publication of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Persons who wish to receive a Notice of Proposed Agency Action and the staff report regarding a permit application must file a request with the District by the date specified in the notice. Notices of Proposed Agency Action will be mailed only to persons who have filed such requests. Failure to timely request an administrative hearing pursuant to the directions contained in the Notice of Proposed Agency Action constitutes a waiver of the right to an administrative hearing on the application.

(4) Within 30 days after receipt of an application, the District shall notify the applicant if the application is incomplete and request the additional information required to make the application complete. The applicant shall have 90 days after the District mails a timely request for additional information to submit that information to the District. If an applicant requires more than 90 days in which to complete an application, the applicant may notify the District in writing of the circumstances and for good cause shown, the application shall be held in active status for one additional period of up to 90 days. Unless both the applicant and the District agree to further extensions, any application which has not been completed by the applicant within the given time period following a request for additional information by the District shall be recommended for denial at the next regularly scheduled Board meeting. For the purpose of this paragraph, good cause shall mean unforeseen circumstances outside of the control of the applicant. Denial of an application for lack of completeness is without prejudice to the applicant’s right to file a new application on the same subject matter within 180 days without payment of an additional application fee.

(5) If additional information submitted to the District incorporates or results in material changes in the proposed activity for which the applicant seeks a permit, the application will be considered to have been amended and the proposal contained in the original application will be deemed withdrawn. The District shall have 60 days from the date of receipt of the additional information in which to approve or deny the amended application and such application shall be subject to review for completeness under subsection (4), above.

(6) The District shall notify the applicant of the date on which the application is declared complete. Within a reasonable time thereafter, the District shall prepare a staff report, which shall contain its recommendations regarding the subject application. A Notice of Proposed Agency Action and the staff report shall be furnished to the applicant and to those persons who have filed written requests pursuant to subsection (2). The Notice shall state the District’s intention to recommend that the Board or its designee approve, approve with conditions, or deny the permit application and shall specify a date for filing a petition for administrative hearing which shall be not less than 21 days after the date of mailing of the Notice of Proposed Agency Action. Substantially affected persons shall have the right to request an administrative hearing under Section 120.569, F.S., and these rules by filing a petition for administrative hearing with the Agency Clerk by the date specified in the Notice of Proposed Agency Action.

(7) A petition for administrative hearing shall be deemed filed with the District on the date of receipt by the Agency Clerk and must be in substantial compliance with the provisions of Uniform Rules of Procedures. Failure to timely request an administrative hearing shall constitute a waiver of the right to an administrative hearing pursuant to Section 120.569, F.S.

(8) The District shall review the sufficiency of each petition for administrative hearing filed and provide a Statement of Compliance of the petition with the requirements of the Uniform Rules of Procedure to the Board and the petitioner.

(9) The Board shall consider the permit application on the date indicated in the Notice of Proposed Agency action. The permit applicant and other interested parties may appear before the Board to present informal argument in favor of or against the proposed agency action. Appearance before the Board pursuant to this subsection shall not provide a basis for appealing the decision of the Board pursuant to Chapter 120, F.S.

(10) The Board may approve, reject or modify the proposed agency action, which shallconstitute final agency action, except in those instances when a valid petition for administrative hearing has been timely filed. In such instances, if the dispute is not resolved at the Board meeting to the satisfaction of the petitioner, the Board shall defer final consideration of the matter pending the completion of the administrative hearing and the submission of a recommended order and exceptions to that order.

(11) Applicants and other interested parties not objecting to the Notice of Proposed Agency Action should nevertheless be prepared to defend their positions regarding the permit application when it is considered by the Board for final agency action. In the event the Board takes final agency action which differs materially from the proposed agency action, the District shall mail a Notice of Final Agency Action to all persons who received a Notice of Proposed Agency Action. Substantially affected persons who did not request an administrative hearing based upon the Notice of Proposed Agency Action shall have the right to request such a hearing on the final agency action under Section 120.57, F.S., and these rules in accordance with subsection (7).

(12) Applicants entitled to a hearing pursuant to Section 120.57(1), F.S., may waive their right to such a hearing and request an informal hearing before the Board pursuant to Section 120.57(2), F.S., which may be granted at the option of the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60 FS. History–New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00, 8-6-13, 4-15-14, 4-7-15.

Fla. Admin. Code R. 40A-1.204 Denial of Permit

History

Rulemaking Authority 373.044 FS. Law Implemented 120.60 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.205 Suspension, Revocation, Cancellation and Modification of District Permits

(1) The District shall suspend or revoke a permit, in whole or in part, or employ any of the remedial measures authorized by Section 373.439, F.S., when it determines that the permittee or his agent has:

(a) Submitted false or inaccurate information on an application, operational report, or completion report;

(b) Violated Chapter 373, F.S., and the rules promulgated thereunder, or any other provision of Florida law related to the operations of the District;

(d) Violated a condition of the permit; or

(e) Failed to allow inspection of the subject property.

(2) The District may revoke a permit or modify its terms and conditions when it determines that such action is necessary to protect the public health, safety and welfare, prevent a public or private nuisance, or when the continued utilization of the permit becomes inconsistent with the objectives of the District. In such instances, due consideration shall be given to the extent to which the permittee has detrimentally relied upon the permit.

(3) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit by serving upon the permittee by actual service or certified mail a Notice of Intention which shall state the nature of the intended action, and those findings of fact and conclusions of law which support the action.

(4) The permittee may request a formal or informal administrative hearing pursuant to Section 120.57, F.S., by filing a petition for administrative hearing with the District within 14 days of receipt of the Notice of Intention. Petitions are deemed filed upon receipt by the Agency Clerk.

(5) When a formal hearing is requested, the permittee or other affected persons shall admit or deny each finding of fact contained in the Notice of Proposed Agency Action, or state that the permittee is without knowledge as to the same, which shall be deemed to be a denial. The District may decline to hold a formal hearing when there are no disputed issues of material fact.

(6) Failure to comply with the provisions of subsection (4) shall constitute a waiver of the right to an administrative hearing pursuant to Section 120.57, F.S. In such event, all findings of fact and conclusions of law contained in the Notice of Intention shall be deemed uncontested and true in any further judicial or administrative proceedings.

(7) The Board shall consider the Notice of Intention for which no timely petition for an administrative hearing has been filed at the meeting specified in the notice. The permittee or other affected persons may state their objections to or comment in favor of the intended action, but the appearance shall not constitute grounds for an administrative appeal pursuant to Chapter 120, F.S.

(8) When a valid petition for administrative hearing has been filed, the Board shall defer consideration of the matter pending the completion of the administrative hearing and the submission of a recommended order and any exceptions to the order. The permittee may appear before the next meeting of the Board to discuss the intended action by submitting a written request within 14 days of receipt of the Notice of Intention. The Board may cancel the intended action or make such modifications as are deemed appropriate. An informal appearance before the Board pursuant to this subsection shall not constitute a waiver of the right to a formal administrative hearing.

(9) In the case of an emergency, the Executive Director may enter an order which suspends or revokes a permit, in whole or in part, or which modifies the terms and conditions of a permit. The permittee shall take whatever actions necessary to cause immediate compliance with the emergency order, but shall have the right of administrative appeal, subject to the provisions of subsections (4) through (7).

(10) District staff is authorized to administratively cancel a permit when the permittee or permittee’s authorized agent surrenders the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit. The permittee surrending an individual water use permit granted under Chapter 40A-2, F.A.C., shall ensure that all ground water wells have been either properly capped or plugged and abandoned according to subsection 40A-3.521(2), F.A.C., and that all surface water withdrawal points have been dismantled. Prior to an administrative cancellation, District staff shall perform a site visit to confirm these requirements have been met. Permit cancellation shall be requested using Water Use Permit Cancellation Form, Form No. 162, effective 4-15-14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03996), hereby incorporated by reference, and which can be obtained from the District’s website (www.nwfwmd.state.fl.us) or from District offices.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.243, 373.246, 373.429, 373.439 FS. History–New 10-1-84, Amended 8-6-13, 4-15-14.

Fla. Admin. Code R. 40A-1.206 Temporary Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History–New 10-1-84, Repealed 8-6-13.

Fla. Admin. Code R. 40A-1.207 Complaints

(1) Any person may file a written complaint with the District alleging that a person is making a diversion, withdrawal, impoundment, or consumptive use of water not exempt under the provisions of Chapter 373, F.S., and without a permit.

(2) The complaint shall specify to the best of complainant’s knowledge the identity of the alleged violator, the location and nature of the alleged violation, and any additional information deemed relevant or material by the complainant. The complaint must be signed by the complainant or his agent and contain an address or phone number where complainant can be reached. The District may require complainant to furnish any additional information reasonably necessary to aid in investigating the complaint.

History

Rulemaking Authority 373.044 FS. Law Implemented 373.219(2) FS. History–New 10-1-84, Amended 4-17-18.

Fla. Admin. Code R. 40A-1.208 Administrative Enforcement Action

(1) An Order and Notice of Violation shall be served by actual service or certified mail on the alleged violator or violators. The Order and Notice of Violation shall specify the statute, rule, or permit provision alleged to be violated or about to be violated, shall indicate the facts alleged to constitute a violation and shall order that corrective action be taken within a reasonable time specified in the Order.

(2) The respondent may request an administrative hearing under Section 120.569, F.S., by filing a petition for administrative hearing with the District within 14 days of receipt of the Order and Notice of Violation. If no petition is timely filed, the Order shall become final. Petitions are deemed filed with the District on the date of receipt by the Agency Clerk. The petition must be in substantial compliance with the provisions of the Uniform Rules of Procedure.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.423 FS. History–New 10-1-84, Amended 7-1-98, 3-2-00.

Fla. Admin. Code R. 40A-1.209 Emergency Action

(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources.

(2) Whenever an emergency exists, the Executive Director shall issue an emergency order, which shall describe the conditions which are causing the emergency, and the type of corrective action necessary to minimize or abate the emergency conditions. The order shall be delivered by service of process or by personal delivery by an agent of the District to the person, or to the agent of the person responsible for causing or contributing to the emergency conditions.

(3) The person or his agent shall take whatever action necessary to cause immediate compliance with the terms of the emergency order, but shall have the right to appeal the order in accordance with the provisions of Rule 40A-1.205, F.A.C., subsections (4) through (7).

(4) When an emergency condition exists pursuant to Section 373.439, F.S., the Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.439 FS. History–New 10-1-84.

Fla. Admin. Code R. 40A-1.301 Commencement of Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.303 Notice of Proceedings and the Proposed Rules

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.307 Content of Notice

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.311 Petitions to Initiate Rulemaking Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(5) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.313 District Action on Petitions to Initiate Rulemaking Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(5) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.327 Rulemaking Materials

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.330 Rulemaking Proceeding – No Hearing

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.331 Rulemaking Proceeding – Hearing

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(3), (6) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.335 Incorporation by Reference

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53, 120.54 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.337 Emergency Rule Adoption

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.54(9) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.401 General

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.565 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.405 Purpose and Use of Declaratory Statement

History

Rulemaking Authority 373.044, 373.114 FS. Law Implemented 120.565 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.407 District Disposition

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.565 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.501 Scope

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.54(16), 120.57, 120.60(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.502 Presiding Officer

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.503 Computation of Time

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.504 Parties

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.505 Appearances; Criteria for Authorized Representation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.62(2) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.506 Consolidation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.507 Joinder of Parties

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.508 Disqualification

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.71 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.509 Filing and Service of Papers

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.510 District Investigations and Probable Cause Determination

(1) Upon receipt of a complaint filed pursuant to Rule 40A-1.207, F.A.C., the District shall conduct an investigation and make a determination of probable cause. The District may conduct other investigations and make other probable cause determinations as are authorized or required by law.

(2) An investigation or determination of probable cause is a nonadversary executive function to discover or procure evidence as part of the fact-finding function of the District. The District need not have an Order or Notice of Violation pending to conduct an investigation or make such a determination.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.62, 373.219(2), 373.319, 373.423 FS. History–New 10-1-84, Amended 3-2-00.

Fla. Admin. Code R. 40A-1.511 Point of Entry Into Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Amended 7-1-98, Repealed 3-2-00.

Fla. Admin. Code R. 40A-1.521 Initiation of Formal Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.522 Amendment of Petitions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.523 Answer

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.524 Motions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.525 Motions in Opposition to Petition

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.527 Intervention

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.528 Discovery

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.529 Notice of Hearing

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.530 Continuances

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.531 Dismissal and Default

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.541 Subpoenas

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.87(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.542 Witness Fees

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.543 Order of Presentation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.544 Burden of Proof

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.545 Witnesses

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.546 Evidence

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.58 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.547 Recordation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.548 Venue

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.561 Post-hearing Memoranda

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.562 Recommended Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.58(1) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.564 Exceptions to Recommended Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.565 Final Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.59, 120.60 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.571 Informal Proceedings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.572 Submission of Evidence

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.573 Final Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2) FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-1.600 Lobbyist Registration Procedures

(1) A person who is a “lobbyist” as defined in Section 112.3215(1)(h), F.S., may not lobby the Northwest Florida Water Management District (the “District”) until he or she has registered as a lobbyist with the District. Registration shall be made by completing the “Lobbyist Registration Form,” which is incorporated by reference in subsection (7) below, and submitting that form to the District Clerk at the mail or email address shown in the form.

(2) A separate completed Lobbyist Registration Form must be submitted for each principal.

(3) For identifying and designating a principal’s main business on the Authorization to Represent the Principal part of the Lobbyist Registration Form, the District adopts and incorporates by reference the 6-digit NAICS code (http://www.flrules.org/Gateway/reference.asp?No=Ref-05113) published in the North American Industry Classification System – United States, 2012, which is available at: www.naics.com. Classification system information can be obtained by contacting the NAICS Association, 129 Lakeshore Drive, Rockaway, NJ 07866, or by visiting its website: www.naics.com.

(4) Changes to the information provided on a Lobbyist Registration Form must be reported to the District using a completed Lobbyist Registration Form checking the box indicating the submitted form is for the purpose of changing previously filed information.

(5) A lobbyist may renew his or her registration to lobby by filing a completed Lobbyist Registration Form with the District and checking the box indicating the submitted form is for renewal purposes. Renewals must be filed before January 1 of each year.

(6) The principal of a lobbyist may cancel the lobbyist’s registration by completing and submitting a “Lobbyist Registration Cancellation Form,” which is incorporated by reference in subsection (7) below, informing the District that a particular lobbyist is no longer authorized to represent that principal. A lobbyist must cancel his or her registration on a principal’s behalf upon termination of his or her contract or other such employment relationship with the principal by promptly submitting a completed Lobbyist Registration Cancellation Form.

(7) The Lobbyist Registration Form, form number 183 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05111), effective date 4/15, available at http://nwfwater.com/contact-us/open-government/lobbyist-registration/ and the Lobbyist Registration Cancellation Form, form number 184 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05112), effective date 4/15, available at http://nwfwater.com/contact-us/open-government/lobbyist-registration/ are hereby incorporated by reference and may be obtained without cost from the District Clerk either at Northwest Florida Water Management District, 81 Water Management Drive, Havana, FL 32333, or by submitting a request to agency.clerk@nwfwater.com. These forms may also be downloaded from the District’s website at: http://nwfwater.com/contact-us/open-government/.

History

Rulemaking Authority 112.3261(8) FS. Law Implemented 112.3261 FS. History–New 4-7-15.

Fla. Admin. Code R. 40A-1.801 Procedures for Contracting for Professional Services

History

Rulemaking Authority 373.044 FS. Law Implemented 287.055 FS. History–New 3-31-80, Formerly 16G-1.47, Transferred to 40A-1.180.

Fla. Admin. Code R. 40A-1.526 Prehearing Conferences

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57 FS. History–New 10-1-84, Repealed 7-1-98.

Chapter 40A-2 REGULATION OF CONSUMPTIVE USES OF WATER

Fla. Admin. Code R. 40A-2.011 Policy and Purpose

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, Repealed 4-6-26.

Fla. Admin. Code R. 40A-2.021 Definitions

(1) Alternative water supply – a water source that meets the definition in Section 373.019, F.S.

(2) Annual average daily withdrawal – an amount of water that is equal to the total volume of water withdrawn or diverted from all sources during one year divided by 365 days, and expressed in gallons per day (gpd).

(3) Applicant’s Handbook – a document providing additional guidance and direction to applicants and Permittees regarding this rule.

(4) Annual withdrawal – the quantity of water withdrawn or diverted during any 365 day period.

(5) Aquifer remediation use – the withdrawal of groundwater for the authorized removal of contaminants for the purposes of restoring water quality.

(6) Area of Resource Concern – areas delineated on the map contained in Rule 40A-2.902, F.A.C., where resource concerns exist related to water availability, water quality, high anticipated growth in demand or other factors.

(7) Base flow – the sustained or fair-weather streamflow. Base flow is the difference between streamflow (total runoff) and direct runoff. Base flow originates from rainwater that percolates downward to the water table and moves laterally through the groundwater aquifer toward the streams.

(8) Capacity – the amount of water that can be withdrawn or diverted by a ground or surface water pump within a 24-hour period. The capacity of a pump is derived by multiplying the rating of a pump in gallons per minute by 1,440 minutes (24 hours), expressed in gallons per day.

(9) Closed system – an air conditioning/heat pump supply well and return flow well used to inject water carrying no additives into the same permeable zone from which the water was withdrawn by the supply well.

(10) Department – the Florida Department of Environmental Protection.

(11) Disapproved facility – a facility that has been formally disapproved or deemed unsuitable by the District, or Department.

(12) District – the Northwest Florida Water Management District.

(13) District offices – locations staffed by District personnel from which materials incorporated by reference into the rule can be obtained. These are:

District Headquarters, Permitting Section, 152 Water Management Drive, Havana, FL 32333-9700.

(14) Domestic use or domestic consumption – the self-supplied use of water for individual personal household purposes such as drinking, bathing, cooking, sanitation or cleaning, which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well.

(15) Facility – structure that allows for the withdrawal or diversion of water from a particular source. Facilities include, but are not limited to, wells, pumps, pipelines, flumes, canals, ditches, swales, artificial ponds, etc.

(16) Florida-friendly landscaping – a landscaping method detailing nine principles that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant as outlined in Section 373.185, F.S.

(17) General Water Use Permit – a permit granted by rule to an entity for those non-exempt water uses that meet specific criteria outlines in this chapter.

(18) Governing Board – the Governing Board of the Northwest Florida Water Management District created under Section 373.073, F.S.

(19) Harm – harm occurs when a use, diversion or withdrawal causes adverse impact to an existing legal use of water, offsite land use, water resource or environmental feature associated with the resource. De minimus impacts do not constitute harm.

(20) Heating or cooling use – a type of commercial water use involving heating, air-conditioning, or other cooling uses.

(21) Illegally constructed facility – a well constructed or repaired without the appropriate permit having been issued pursuant to Chapter 40A-3, F.A.C., or that is not compliant with the requirements of Chapter 40A-3, F.A.C.

(22) Impact offset ‒ the use of reclaimed water to reduce or eliminate a harmful impact that has occurred or would otherwise occur as a result of other surface water or groundwater withdrawals as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook and in subsection 62-40.416(7), F.A.C.

(23) Individual Water Use Permit – a permit granted by the Governing Board or Executive Director, subject to the evaluation and approval of the application pursuant to procedures described in Rule 40A-1.203, F.A.C.

(24) Maximum daily withdrawal – the maximum volume of water withdrawn or diverted during any consecutive 24 hour period, expressed in gallons per day.

(25) Maximum monthly withdrawal – the maximum volume of water withdrawn or diverted during any given month of the year, expressed in gallons.

(26) Minimum flow – the minimum flow for a water course at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(27) Minimum level – the minimum water level for groundwater in an aquifer or for a surface water body at which further withdrawals would be significantly harmful to the water resources of the area.

(28) Non-potable water use – water not utilized for domestic use, public water supply or other human consumption as defined herein.

(29) Reasonable-beneficial use – the use of water in such quantity as is necessary for economic and efficient utilization for a purpose and in a manner which is both reasonable and consistent with the public interest.

(30) Reclaimed water – as defined in Section 373.019, F.S., water that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility.

(31) Secondary use – use of water by an entity, separate from a water supplier (as defined herein), whose source of water, in whole or in part, is from a water supplier.

(32) Substitution credit – the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source, provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by the district rule as part of a strategy to protect or recover a water resource, as described in section 2.2.3.3 of the Water Use Permit Applicant’s Handbook.

(33) System – two or more water withdrawal or diversion facilities which are derived from or used to serve properties that are physically proximate and either share the same infrastructure or are operated as a common enterprise.

(34) Water Resource Caution Area – a geographic area, officially designated by the Governing Board by rule that is experiencing, or is anticipated to experience within the next 20 years, critical water resource problems as provided by the criteria identified in subsection 40A-2.801(1), F.A.C.

(35) Water supplier – an entity, such as a water utility or regional water authority, that has obtained a water use permit to withdraw water, of which some portion is distributed to another entity for a secondary use.

(36) Water use – the use, diversion or withdrawal of water regulated under this chapter.

(37) Well casing size – the nominal diameter (within 0.5 inch) of the water bearing casing at the upper terminus (e.g., 4-inch well casing means casing 4.5 inches outside diameter as a standard dimension).

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216 FS. History–New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14, 4-29-15.

Fla. Admin. Code R. 40A-2.031 Implementation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103(1), 373.216, 373.226 FS. History–New 10-1-82, Amended 3-1-84, 1-5-86, Repealed 7-1-98.

Fla. Admin. Code R. 40A-2.041 Permits Required

(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water.

(2) The District issues water use permits in two forms, Individual Water Use Permits and General Water Use Permits. General Water Use Permits are issued by rule.

(3) An individual permit is required for any use of water which is non-exempt and does not qualify for a General Water Use Permit by rule in accordance with Rule 40A-2.061, F.A.C.

(4) Under certain circumstances, the District is authorized to issue a temporary water use permit pursuant to Section 373.244, F.S.

(5) A water user shall obtain one permit for all withdrawals and diversions that are intended to serve contiguous property. Two or more properties represented by their owners to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are physically proximate and either (a) share the same withdrawal facilities and related infrastructure or (b) are operated as a common enterprise. However, when multiple use types, as defined in Rule 40A-2.501, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate individual permits.

History

Rulemaking Authority 373.044, 373.113, 373.116, 373.118, 373.171 FS. Law Implemented 373.171, 373.219, 373.226 FS. History–New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 11-1-93, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 5-29-14.

Fla. Admin. Code R. 40A-2.051 Exemptions

No permit is required under Rule 40A-2.041, F.A.C., for water used strictly for domestic use which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 FS. History–New 10-1-82, Amended 5-17-83, 3-1-84, 1-5-86, 8-1-89, 5-31-92, 11-2-92, 10-1-95, 7-1-98, 1-1-05, 2-27-06, 1-4-10, 5-29-14.

Fla. Admin. Code R. 40A-2.061 General Water Use Permits by Rule

(1) General Water Use Permit by Rule.

(a) The Board hereby grants a General Water Use Permit for all non-exempt, water uses of water that satisfy the following criteria:

Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis;
Are from facilities having a cumulative withdrawal capacity of less than 1,000,000 gallons per day;
Are from groundwater wells less than eight (8) inches in diameter;
Are from surface water facilities which have a cumulative intake diameter less than six (6) inches;
Are consistent with requirements of any applicable mandatory reuse zones; and
Are not within a Water Resource Caution Area or Area of Resource Concern as delineated in Rule 40A-2.902, F.A.C.

(b) The General Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook, effective March 2026, (http://flrules.org/Gateway/reference.asp?No=Ref-18997), and hereby incorporated by reference in its entirety and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.

(2) General Water Use Permit by Rule for Short-Term Projects.

(a) The Board hereby grants a General Water Use Permit for the use of water in conjunction with the following short-term projects: dewatering operations as described in Rule 40A-2.501, F.A.C., for purposes such as utility construction and foundation installation; lake drawdown for construction or repair; hydrostatic pipeline testing; exploratory groundwater testing; or aquifer performance tests; provided the use meets the following criteria:

Has a duration of 180 days or less;
Has a maximum daily withdrawal of less than five (5) million gallons;
Has a maximum total project withdrawal or diversion of:

a. Less than 100 million gallons for dewatering operations if all discharge is retained on the project site;

b. Less than 100 million gallons for lake drawdown; or

c. Less than 35 million gallons for projects other than dewatering or lake drawdown.

Dewatering is occurring only in the uppermost, water table aquifer.
Will not dewater to a depth below 0.0 feet NGVD within 1,000 feet of saline water laterally, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
Will not occur within 500 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Chapter 62-610, F.A.C.; and,
Will not occur within 1,000 feet of any known groundwater contamination in the water bearing zone being dewatered.

(b) Linear projects, such as roads, utilities, or pipelines, qualify for multiple General Water Use Permits by Rule having a rolling 90-day duration, in which the dewatering operation at the end of each 90-day period occurs more than one (1) linear mile from the location at the beginning of each 90-day period.

(c) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.

(3) General Water Use Permit by Rule for Closed-Loop Systems.

(a) The Board hereby grants a General Water Use Permit for the use of water in closed-loop, cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:

The system withdraws less than an annual daily average of 100,000 gallons;
The withdrawal and discharge points are on property legally controlled by the permittee;
The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
The discharge or injection has been permitted by the Department or is exempt from such permitting;
The water has no contact or mixing with other water sources, additives, and chemicals; and
The use is not from the Floridan Aquifer within the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area.

(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 and the applicable Specific conditions for the use type in section 5.2.1 of the Water Use Permit Applicant’s Handbook.

(4) General Water Use Permit by Rule for Aquifer Remediation Activities.

(a) The Board hereby grants a General Water Use Permit for the use of water for aquifer or groundwater remediation, provided the following criteria are met:

The project is conducted according to a Remedial Action Plan approved by the federal, state or local agency having legal jurisdiction over such activities;
The treated effluent is returned via infiltration or direct injection into the same source, aquifer, or permeable zone from which it is withdrawn; and
The treated effluent meets applicable Department water quality standards.

(b) The General Water Use Permit by rule shall be subject to the Standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook.

(5) General Water Use Permit by Rule for Specific Uses in Portions of Gadsden County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of Resource Concern of Gadsden County, provided the following criteria are met:

The system has an annual average daily withdrawal less than 15,000 gallons;
Groundwater is withdrawn from wells that are four (4) inches or less in diameter;
Surface water facilities have a cumulative diameter less than four (4) inches;
Surface water use does not exceed ten (10) percent of the base flow of the supplying water body; and
Use is consistent with requirements of any applicable mandatory reuse zones.

(6) General Water Use Permit by Rule for Specific Uses in Portions of Santa Rosa County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Santa Rosa County, provided the following criteria are met:

The system has an annual average daily withdrawal less than 15,000 gallons;
Groundwater is withdrawn from wells that are four (4) inches or less in diameter and have a total depth of 100 feet or less;
Surface water facilities have a cumulative diameter less than four (4) inches; and
Use is consistent with requirements of any applicable mandatory reuse zones.

(7) General Water Use Permit by Rule for Specific Uses in Portions of Okaloosa and Walton Counties.

(a) The Board hereby grants a General Water Use Permit for water uses in the Water Resource Caution Area of Okaloosa and Walton counties, provided the following criteria are met:

The system has an annual average daily withdrawal less than 15,000 gallons;
Groundwater is withdrawn from wells that are four (4) inches or less in diameter and do not penetrate any competent and continuous confining formation;
Surface water facilities have a cumulative diameter less than four (4) inches; and
Use is consistent with requirements of any applicable mandatory reuse zones.

(8) General Water Use Permit by Rule for Specific Uses in Portions of Bay County.

(a) The Board hereby grants a General Water Use Permit for water uses in the Area of Resource Concern of Bay County, provided the following criteria are met:

The system has an annual average daily withdrawal less than 100,000 gallons;
Groundwater is withdrawn from wells that are less than six (6) inches in diameter;
Surface water facilities have a cumulative diameter less than four (4) inches; and
Use is consistent with requirements of any applicable mandatory reuse zones.

(9) The permittee shall not utilize the facility associated with a General Water Use Permit by rule for any type of water use other than those authorized under Rule 40A-2.061, F.A.C.

(10) For a use that qualifies for a General Water Use Permit to be afforded protection as an existing legal use in the evaluation of subsequent applications, all withdrawal facilities must be registered, at the time the use begins, with the District in one of the following ways:

(a) The issuance of a well construction permit by the District pursuant to Chapter 40A-3, F.A.C.;

(b) The registration of any legally constructed well by submittal of the facility information required on the well construction permit application; or

(c) The registration of any surface water facility by submittal of: the information required in the Water Use Permit Application (Form 160), Section IV – Sources of Water, in the table “Summary of Surface Water Facilities”; the owner’s name and address; and a map showing the intake location.

(11) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, a general water use permit is not authorized for any uses, withdrawals or diversions of water from an illegally constructed or disapproved facility.

(12) Notwithstanding the criteria enumerated for any General Water Use Permit in this section, an individual permit is required for all uses, withdrawals or diversions of water for which evidence indicates the use is likely to cause harm to existing legal uses, offsite land uses or water resources and related environmental features.

(13) Any person whose withdrawal otherwise meets the criteria for a General Water Use Permit by Rule may submit an application to obtain an individual permit at their discretion.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History–New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Formerly 40A-2.302, Amended 5-29-14, 4-29-15, 3-5-26.

Fla. Admin. Code R. 40A-2.101 Content of Application

(1) In order to obtain an individual permit, an applicant shall file with the District a Water Use Permit Application including any necessary supplemental forms and attachments required for the type of permit and the water use(s) for which application is being made. The application shall consist of all completed forms, attachments, the correct application fee identified in Rule 40A-2.201, F.A.C., and other documentation submitted in support of the application, which shall constitute information sufficient to demonstrate that the water use meets the criteria and conditions established in Rule 40A-2.301, F.A.C.

(2) The following District forms shall be used to request a new permit or to request renewal or modification of an existing permit. All permit application forms described in this section have been approved by the District Governing Board and are hereby incorporated by reference into this rule. Forms are available from the District’s website (nwfwater.com) or from District offices.

(3) All Individual Water Use Permit applications whether for: a new permit; formal modification of an existing permit or renewal of an existing permit, shall be made using the Water Use Permit Application, Form No. 160, effective May 29, 2014, (https://www.flrules.org/gateway/reference.asp?NO=Ref-03846). Applicants shall also submit one or more of the following supplemental forms, as appropriate, for each type of water use, as defined in Rule 40A-2.501, F.A.C., being proposed in the permit application:

(a) Supplemental Form A – Agricultural Use, Form No. 160A, effective March 2026,

(http://flrules.org/Gateway/reference.asp?No=Ref-18998).

(b) Supplemental Form B – Industrial/Commercial Use, Form No. 160B, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03848).

(http://www.flrules.org/Gateway/reference.asp?No=Ref-05283).

(d) Supplemental Form D – Mining/Dewatering Use, Form No. 160D, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03850).

(e) Supplemental Form E – Public Supply Use, Form No. 160E, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03851).

(f) Supplemental Form F – Other Use, Form No. 160F, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03852).

(g) Supplemental Form G – Institutional Use, Form No. 160G, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03853).

(h) Supplemental Form H – Diversion and Impoundment, Form No. 160H, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03854).

(i) All applications for non-potable use shall include reuse feasibility information required per section 2.2.3.1 of the Water Use Permit Applicant’s Handbook. Information from the reuse provider shall be submitted on the Reuse Feasibility Information form, NWFWMD Form No. 174, effective November 1, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03261).

(4) Applicants proposing an impact offset through the use of reclaimed water to reduce or eliminate a harmful impact must provide substantiating materials to show that the proposed offset meets the criteria of subsection 62-40.416(7), F.A.C., effective May 6, 2013, (http://www.flrules.org/Gateway/reference.asp?No=Ref-04144) which is hereby incorporated by reference and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.

(5) Applicants proposing the use of a substitution credit derived from the use of reclaimed water must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(8), F.A.C., effective May 6, 2013, (http://www.flrules.org/Gateway/reference.asp?No=Ref-04144) which is hereby incorporated by reference and can be obtained from the District’s website (nwfwater.com) or from District offices upon request.

(6) Applicants proposing to use water for supplementation must provide substantiating materials to show that what they are proposing meets the criteria of subsection 62-40.416(9), F.A.C., effective May 3, 2014, (https://www.flrules.org/Gateway/View_notice.asp?id=14527707).

(7) As outlined in Rule 62-41.401, F.A.C., the applicant shall provide reasonable assurance, using the best available information, that there are no adverse impacts caused by the withdrawal or diversion, on an individual or cumulative basis, to the extent that:

(a) The withdrawal or diversion does not induce movement of a contamination plume or alter the rate or direction of the movement of a contamination plume towards an Outstanding Florida Spring or its spring run such that the alteration causes harmful water quality impacts as evidenced by the predicted influence the water withdrawals would have on inducing movement of the contamination plume or as indicated by a sustained increase in background levels in contaminant concentrations.

(b) Dewatering discharges do not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run. Dewatering water must be retained onsite unless the applicant demonstrates it is not technically or environmentally feasible to retain the dewatering water onsite. Applicants who have obtained and are in compliance with a National Pollutant Discharge Elimination System (NPDES) or Environmental Resource Permit (ERP) for dewatering shall be considered to not cause harmful water quality impacts from dewatering discharge to receiving waters.

(c) Withdrawals do not cause an increase in total dissolved solids (TDS) or chloride concentrations that adversely affects an Outstanding Florida Spring or its spring run. Saline water intrusion will not be considered as harmful if it is the result of seasonal fluctuations; or climatic conditions. As part of the consideration of whether the use will cause harmful saline water intrusion or upconing, the following factors must be considered, as applicable:

Whether there is a sustained amount and rate of increase of TDS or chloride concentrations in an Outstanding Florida Spring;
Whether there would be adverse impacts to values or functions of wetlands or other surface waters associated with an Outstanding Florida Spring or its spring run.

(d) Hydrologic alterations to an Outstanding Florida Spring or its spring run resulting from withdrawals do not cause adverse impacts to the aquatic or wetland dependent flora or fauna in the spring or its spring run.

(8) To provide reasonable assurance that harm to the water resources will not occur due to the proposed water withdrawal or diversion, the following information shall be submitted as applicable:

(a) An assessment inclusive of any predicted hydrologic alterations to an Outstanding Florida Spring or its spring run caused by the withdrawal or diversion. The assessment will include any predicted changes in hydrology, or changes in aquatic or wetland flora or fauna at an Outstanding Florida Spring or its spring run. An applicant shall only be required to address its relative contribution of harm to an Outstanding Florida Spring or its spring run associated with its water withdrawal.

(b) A summary of any monitoring or modeling analysis performed and electronic copies of any modeling files.

(c) Any additional materials utilized in the analysis to provide reasonable assurance that harm, as defined in Rule 40A-2.301, F.A.C, will not occur due to the withdrawal or diversion, including aerial photographs, topographic maps, hydrologic data, environmental assessments, or other relevant information.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.223, 373.229, 373.250, 403.0877 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 11-2-92, 11-1-93, 10-1-95, 7-1-98, 1-4-10, 10-20-13, 1-15-14, 5-29-14, 4-29-15, 3-5-26.

Fla. Admin. Code R. 40A-2.121 Application Processing, Notice and Hearing Requirements

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.116, 373.229 FS. History–New 10-1-82, Amended 1-5-86, 11-1-93, 10-1-95, Repealed 7-1-98.

Fla. Admin. Code R. 40A-2.141 Request for Additional Information; Incomplete Application

History

Rulemaking Authority 373.044 FS. Law Implemented 120.60, 373.219, 373.229, 373.232 FS. History–New 10-1-82, Repealed 1-5-86.

Fla. Admin. Code R. 40A-2.201 Fees

There shall be a non-refundable water use permit application processing fee according to the following schedule for all new, modification, or renewal applications:

Annual Average Daily Withdrawal Processing Fee*

Amounts (Gallons)

Less than 25,000 gallons per day, average

$100.00

25,000 to 99,999 gallons per day, average

$250.00

100,000 to 499,999 gallons per day, average

$500.00

500,000 to 999,999 gallons per day, average

$1,000.00

1,000,000 to 1,999,999 gallons per day, average

$2,000.00

2,000,000 gallons or more per day, average

$3,000.00

Permit Transfer or Letter Modification

$50.00

Temporary Permit (in addition to the fees identified above)

$50.00

*Any county or municipality meeting the criteria specified in Section 218.075, F.S., may request a reduction in the required fee amount as provided in Rule 40A-1.2025, F.A.C.

**No transfer fee is required if the transfer is processed in conjunction with a permit modification or renewal.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 1-1-90, 1-1-91, 10-1-95, 5-29-14.

Fla. Admin. Code R. 40A-2.223 Reservation of Water

(1) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., at U.S. Geological Survey gauging station No. 02358000, Apalachicola River at Chattahoochee, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(2) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., at U.S. Geological Survey gauging station No. 02358700, Apalachicola River near Blountstown, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(3) Except as provided for by an adopted minmum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., at and below U.S. Geological Survey gauging station No. 02359170, Apalachicola River near Sumatra, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the river, floodplain and Apalachicola Bay.

(4) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., at U.S. Geological Survey gauging station No. 02359000, Chipola River near Altha, the magnitude, duration and frequency of observed flows are reserved for the protection of fish and wildlife of the Chipola River, Apalachicola River, the associated floodplains and Apalachicola Bay.

(5) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., the Governing Board finds that consumptive withdrawals of surface water from the main stem of the Apalachicola River are not in the public interest and therefore reserves from use by permit the flows specified in subsections (1), (2) and (3). Such reservation is made for all seasons of the year.

(6) Except as provided for by an adopted minimum flow or minimum water level, or a prevention or recovery strategy established pursuant to section 373.0421, F.S., the Governing Board finds that consumptive withdrawals of surface water from the main stem of the Chipola River and the Chipola Cutoff are not in the public interest and, therefore, reserves from use by permit the flows specified in subsection (4). Such reservation is made for all seasons of the year.

(7) For purposes of this Rule 40A-2.223, F.A.C., consumptive withdrawals shall mean withdrawals minus returns but shall not include evaporative losses. Diversions of surface water for cooling purposes, fish and wildlife propagation, fish and wildlife refuge, water based migratory bird hunting refuges and similar diversions are exempt from the provisions of this Rule 40A-2.223, F.A.C., provided that such diverted water, minus evapotranspiration, is returned to the Apalachicola River Basin.

(8) Nothing in this section shall exempt diversions as specified in subsection (7) from obtaining water use permits required elsewhere in this Chapter 40A-2, F.A.C.

(9) The Governing Board finds that surface water withdrawals by the City of Port St. Joe, and the Gulf County Board of County Commissioners from the Chipola River is an alternative water supply as contemplated by Sections 373.019 and 373.707, F.S., and are therefore exempt from the provisions of this Rule 40A-2.223, F.A.C. Nothing in this section shall exempt the City of Port St. Joe, and the Gulf County Board of County Commissioners from the permitting requirements of this Chapter 40A-2, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216, 373.219 FS. Law Implemented 373.216, 373.219, 373.223 FS. History–New 2-27-06, Amended 5-29-14, 3-5-26.

Fla. Admin. Code R. 40A-2.301 Conditions for Issuance

(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed water use, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and

(2) In order to provide reasonable assurances that the water use is reasonable-beneficial, an applicant shall demonstrate that the use:

(a) Is a quantity that is necessary for economic and efficient use;

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Except when the use is for human food preparation or direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for the following agricultural water uses:

Water used for washing hands during and after harvest activities;
Water that is applied in any manner that directly contacts produce during or after harvest activities (for example, water applied for washing or cooling); and
Water used to make ice that directly contacts produce during or after harvest activities.;

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g) Will not cause harm to the water resources of the area in any of the following ways:

Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion;
Will not cause harmful water quality impacts from dewatering discharge to receiving waters;
Will not cause harmful saline water intrusion or harmful upconing;
Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and
Will not otherwise cause harmful hydrologic alterations to the water resources of the area;

(h) Will not cause harm to an Outstanding Florida Spring or its spring run per Rule 62-41.402, F.A.C., in any of the following ways:

Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from the withdrawal or diversion;
Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from dewatering discharge;
Will not cause harmful saline water intrusion or harmful upconing to an Outstanding Florida Spring or its spring run;
Will not cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run; and
Will not otherwise cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run.;

(i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and

(j) Will not use water reserved pursuant to Section 373.223(4), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.185, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.250 FS. History–New 10-1-82, Amended 5-17-85, 1-5-86, 11-1-93, 10-1-95, 5-29-14, 3-5-26.

Fla. Admin. Code R. 40A-2.302 General Water Use Permit – Criteria, Limitations and Conditions

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.216 FS. History–New 1-5-86, Amended 5-31-92, 11-2-92, 11-1-93, 10-1-95, 1-1-05, Transferred to 40A-2.061.

Fla. Admin. Code R. 40A-2.311 Competing Applications

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.233, 373.216 FS. History–New 10-1-82, Amended 10-1-95, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-2.321 Duration of Permits

The Governing Board or Executive Director shall specify for each water use permit issued (new, modification, or renewal) a specific period of time the permit will be valid. The District shall notify the permit applicant, pursuant to the provisions of Rule 40A-1.203, F.A.C., of the recommended duration for the requested permit. The Governing Board or Executive Director is authorized to approve permit durations up to the statutory limits specified in Section 373.236, F.S., provided that the applicant demonstrates reasonable assurance that the proposed use meets the conditions for issuance in Rule 40A-2.301, F.A.C., for the requested duration. Otherwise, the Governing Board or Executive Director is authorized to issue permits for a shorter duration that reflects the period for which such reasonable assurances can be provided. Special duration factors listed in section 1.5.1 of the Water Use Permit Applicant’s Handbook shall be considered in determining permit durations.

(1) The District shall extend a permit duration for public water supply utilities which have demonstrated water savings achieved through implementation of a water conservation plan. The definition of a goal-based water conservation plan and the length of the extension will be determined as described in section 2.3.7.8 of the Water Use Permit Applicant’s Handbook.

(2) An applicant is eligible for a permit duration of up to thirty years if the applicant proposes a new water supply development or water resource development project using reclaimed water that meets the advanced waste treatment standards for total nitrogen and total phosphorous as defined in paragraph 403.086(4)(a), F.S. (2025), as part of an application for consumptive use, provided the following conditions are met:

(a) The applicant submits sufficient data to provide reasonable assurance that the conditions for permit issuance will be met for the duration of the permit; and

(b) The applicant demonstrates how quanitifiable savings of the source utilized by the applicant associated with the new water supply development or water resource development project either meets water demands beyond a 20-year permit duration or is completed for the purpose of meeting the requirements of a prevention or recovery strategy established pursuant to section 373.0421, F.S. (2025); and

(c) The applicant demonstrates a reasonable-beneficial water demand for the permit’s allocation through the permit duration; and

(d) The specific permit duration shall be calculated based on the following factors: the quantity of potable water offsets that will produce significant water savings, quantity of groundwater made available by the development of impact offsets, the duration for which the impact offset as defined in subparagraph 373.250(5)(a)1., F.S. (2025), addresses potential impacts to a minimum flow or minimum water level in prevention or recovery, the project implementation timeframe, and the demonstration of water demand, as calculated at the time of the application; and

(e) The new water supply or water resource developent project will be completed and operational within the first 20-years of the issued permit duration; and

(f) The applicant provides documentation of the quantification of the amount of potable resources saved through the use of reclaimed water for new water supply development projects, or the offset provided to the source of water utilized by the applicant for new water resource development projects; and

(g) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and

(h) A project shall be considered new when completed and operational during the term of the permit and after the effective date of this rule.

(3) The Governing Board is authorized to grant a permit of lesser duration than those specified above, in order to address special duration factors as described in section 1.5 of the Water Use Permit Applicant’s Handbook or to provide for the protection of the resource or existing legal uses (e.g., insufficient data for long-term authorization) or for other considerations as provided by Section 373.236, F.S.

(4) Nothing herein shall preclude or otherwise prevent the Governing Board from terminating, revoking, or temporarily suspending any permit in accordance with these rules or taking such other action as may be provided for in the permit.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.185, 373.219, 373.236 FS. History–New 10-1-82, Amended 5-17-83, 1-5-86, 11-2-92, 7-1-98, 5-29-14, 3-5-26.

Fla. Admin. Code R. 40A-2.331 Modification of Permits

(1) A permittee may seek modification of any terms of an unexpired permit pursuant to Section 373.239, F.S.

(2) The District shall modify a permit, or delete or modify any limiting conditions on a permit, to insure the continued reasonable-beneficial use of water or to protect the water resources of the District.

(3) Modifications shall be requested by either:

(a) Formal application, using the appropriate application forms incorporated in subsection 40A-2.101(1), F.A.C., and including the appropriate fee. Formal modification applications that are made in the last year of the permit term shall be processed as a renewal application with modification, if renewal of the permit is desired by the permittee. Upon request and documentation by the permittee, modification applications that are deemed by the District to be substantial, as described in the Water Use Permit Applicant’s Handbook section 1.4.4.1, shall be processed as a renewal application with modification. A request for formal modification shall be treated as a new application and shall be reviewed in accordance with the rules in effect at the time the modification application is filed.

(b) Letter request, on the Water Use Permit Letter Modification Request Form, Form No. 161, effective March 2026, (http://flrules.org/Gateway/reference.asp?No=Ref-18999), which is hereby incorporated by reference into this section and available from the District’s website (nwfwater.com) or from District offices, including a description of the proposed modification and the appropriate fees. Letter requests can be utilized provided that:

The proposed modification involves water use of less than 100,000 gallons per day and the permittee establishes that a change in conditions has resulted in the water allowed under the permit becoming inadequate for the permittee’s need or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit;
The annual average daily withdrawal or diversion will not increase by more than 10% of the total permitted quantity;
The total permitted withdrawal or diversion from any surface water body, including the proposed modification, will not exceed 10% of the baseflow or storage volume of the waterbody;
The use(s) of the water will not change, except to discontinue and remove any use(s);
The source(s) of water will not change, except to add reuse;
The modification does not cause the permit to exceed any delegation limits set by the Governing Board for final agency action at staff level;
The proposed changes would not cause impacts beyond those considered in the initial permit;
The proposed modification will not affect a Reservation of Water identified in Rule 40A-2.223, F.A.C., or affect an established Minimum Flow or Level;
The proposed modification will not extend a permit duration, except as provided for in Rule 40A-2.321, F.A.C.;
Well replacements must be constructed within the same aquifer unit, be located within 300 feet of the original well, be located at least 300 feet from wetlands, lakes, and springs, and have a pumping capacity less than or equal to the original well; and
The proposed modification will not increase permitted water use allocations within an Area of Resource Concern or Water Resource Caution Area.

(c) There is no limit to the number of letter modifications that a permittee may request during a permit term, provided that the sum total of the withdrawal or diversion quantity modifications do not exceed the limits specified in paragraph (3)(b) above.

(d) A request for modification by letter in accordance with paragraph (3)(b) above need only provide information and meet the conditions for issuance in Rule 40A-2.301, F.A.C., that relate to the modification request, in accordance with Section 373.239(2), F.S. A permit which has expired or which has been revoked shall not be subject to modification.

(e) If the District determines that a request for letter modification does not meet the qualifications stated above, the applicant will be informed that the desired changes must be made through the formal modification process.

(f) Approval authority for letter modification requests shall rest with the Executive Director and be exercised without a hearing. If a request for a letter modification is not authorized by the Executive Director, the Permittee may, at his discretion, apply for formal modification of the permit.

(4) A permittee may apply to extend the permit’s duration through a letter modification request for up to ten years if the permittee proposes a new water supply development or new water resource development project using reclaimed water that meets the advanced waste treatment standards for total nitrogen and total phosphorous as defined in paragraph 403.086(4)(a), F.S. (2025), during the term of its permit which results in the reduction of groundwater or surface water withdrawals or is completed to benefit a waterbody with a minimum flow or minimum water level with an adopted recovery or prevention strategy provided the following conditions are met:

(a) The permittee is in compliance with the permittee’s consumptive use permit; and

(b) The permittee demonstrates how the quantifiable savings of the source utilized by the permittee associated with the new water supply development or water resource development project either meets water demands beyond the issued permit duration or is completed for the purpose of meeting the requirements of a prevention or recovery strategy established pursuant to Section 373.0421, F.S. (2025); and

(c) The permittee demonstrates a reasonable-beneficial water demand for the permit’s allocation through the term of the extension; and

(d) The permittee submits a compliance report that contains sufficient data to maintain reasonable assurance that the initial conditions for permit issuance are met at the time of application for the modification. A District-approved compliance report as required under subsection 373.236(4), F.S. (2025), submitted to the District within one year prior to the extension request shall satisfy this requirement; and

(e) For water supply development projects, the permit extension shall provide only for the modification of the duration of the permit and shall not be used to change the source of the allocation or increase the quantity; and

(f) For water resource development projects, the permit extension shall provide for the modification of the duration of the permit and shall not be used to change the source of the allocation, but may be used to increase the quantity to no more than the new water resource development project offset. Nothing in this paragraph shall be construed to authorize the use of groundwater where otherwise restricted by rule or law; and

(g) Multiple permit extensions may be requested to reflect quantifiable potable water offsets that will produce significant water savings over the term of the permit. However, in no case shall the cumulative duration of all extensions exceed ten years from the original permit expiration date; and

(h) The specific duration of the extension, with a minimum of one year, shall be calculated based on the following factors: quantity of potable water offsets that will produce significant water savings, quantity of groundwater made available by the development of impact offsets, the duration for which the impact offset as defined in subparagraph 373.250(5)(a)1., F.S. (2025), addresses potential impacts to a minimum flow or minimum water level in prevention or recovery, the project implementation timeframe, and the demonstration of water demand, as calculated at the time of the extension request; and

(i) The new water supply or water resource development project has been completed and is operational prior to the extension being granted or will be completed and operational during the term of the original permit; and

(j) The permittee provides documentation of the quantification of the amount of potable resources that will be saved through the use of reclaimed water for new water supply development projects, or the offset that will be provided to the source of water utilized by the permittee for new water resource development projects; and

(k) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and

(l) A project shall be considered new when implemented during the term of the original permit and after the effective date of this rule.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.223, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, 4-29-15, 3-5-26.

Fla. Admin. Code R. 40A-2.341 Revocation of Permits

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 120.60, 373.243 FS. History–New 1-5-86, Repealed 7-1-98.

Fla. Admin. Code R. 40A-2.342 Permit Denial

History

Rulemaking Authority 373.044 FS. Law Implemented 373.171, 373.219, 373.223 FS. History–New 10-1-82, Repealed 1-5-86.

Fla. Admin. Code R. 40A-2.351 Transfer of Permits

(1) A Permittee may request that the District transfer his Individual Water Use Permit to another entity with that entity’s consent provided that the Permittee is compliant with the terms and conditions of the permit and that appropriate legal control is maintained.

(2) Persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal or diversion facilities or the land on which the facilities are located must apply to transfer the permit to themselves within 45 days of acquiring ownership or legal control of such facilities or such land.

(3) A request for permit transfer shall be made using NWFWMD Form No. 163 (Request for Water Use Permit Transfer, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03864), which is hereby incorporated by reference and available from the District’s website (nwfwater.com) or from District Offices; and must include the required processing fee. The District will transfer the permit provided all aspects of the permit except for the Permittee remain the same. All terms and conditions of the permit being transferred shall be binding on the transferee.

(4) Persons who apply to transfer a permit under subsection (1) above, and who propose to change the source, use type or withdrawal or diversion quantities from those specified on the existing permit must also submit an application to modify the permit.

(5) A General Water Use Permit is hereby transferred by rule to the entity that has ownership or controlling interest of the point of water withdrawal or diversion.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109, 373.118, 373.216, 373.219 FS. History–New 10-1-82, Amended 5-31-92, 11-1-93, 10-1-95, 1-4-10, 5-29-14.

Fla. Admin. Code R. 40A-2.361 Renewal of Permits

(1) Applications for renewal of Individual Water Use Permits shall be made no earlier than one year prior to the expiration of the permit. Application for a permit renewal is timely only if received by the District not later than the expiration date of the existing permit.

(2) All Individual Water Use Permit renewal applications shall be treated in the same manner as the initial application.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.239 FS. History–New 10-1-82, Amended 1-5-86, 11-1-93, 10-1-95, 5-29-14, 4-29-15.

Fla. Admin. Code R. 40A-2.381 Limiting Conditions

(1) The District shall impose upon any permit issued pursuant to this chapter such reasonable conditions as are necessary to: provide for the monitoring of the authorized use; provide for the use of reclaimed water; provide that the withdrawal and use of water is consistent with the policies of the District; prevent the level of the potentiometric surface of an aquifer, or the level of a surface water body, to be drawn below any minimum level established by the Board; and to provide that the authorized withdrawal is not harmful to the water resources of the District. Applicants shall be notified pursuant to Rule 40A-1.203, F.A.C., of any conditions imposed upon their permit.

(2) Every permit acquired under this Chapter shall include standard terms which describe the following information:

(a) Permittee’s name and address;

(b) Permit number;

(d) Date permit granted;

(e) Permit expiration date;

(f) Water source classification(s);

(g) Water use classification;

(h) Property location;

(i) Authorized withdrawal or diversion amounts; and

(j) Withdrawal locations.

(3) Every permit acquired under this chapter shall include the standard conditions in section 5.1 of the Water Use Permit Applicant’s Handbook which impose certain limitations on the permitted water withdrawal.

(4) In addition to the standard terms and conditions, the District shall impose specific conditions as set forth in Rule 40A-2.802, F.A.C., and 5.2 of the Water Use Permit Applicant’s Handbook, or other specific conditions appropriate to any specific use type or project.

(5) If water use reporting is required, the permittee shall submit the data required on the form specified in the permit. The District forms described in this section are hereby incorporated by reference and are available from the District’s website (nwfwater.com) or from District offices. The form specified shall be either:

(a) Water Use/Pumpage Report Form, NWFWMD Form No. 166, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03865);

(b) Periodic Water Use Reporting Form, NWFWMD Form No. 173, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03872); or

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03871).

(6) If water use reporting is required, the permittee shall submit the data required on the form specified in the permit for accuracy verification. The District forms described in this section are hereby incorporated by reference and are available from the District’s website (nwfwater.com) or from District offices. The form specified shall be completed on either one of the following forms at a frequency specified in the permit:

(a) Flow Meter Accuracy Report Form No. 170, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03869); or

(b) Alternative Method Flow Verification Report Form No. 171, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03870).

(7) If authorized water use is for agricultural or landscape/recreation irrigation, the permittee shall submit the data required on the form specified in the permit. The District forms described in this section are hereby incorporated by reference and are available from the District’s website (nwfwater.com) or from District offices. The form(s) specified shall be:

(a) Annual Crop Summary Report Form No. 168, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03867); and/or

(b) Crop Protection Report Form No. 169, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03868).

(8) If water quality reporting is required, the permittee shall submit the data required on the Water Quality Report Form No. 167, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03866), which is hereby incorporated by reference and available from the District’s website (nwfwater.com) or from District offices.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.216, 373.219, 373.223, 373.250 FS. History–New 1-5-86, Amended 5-31-92, 10-1-95, 1-4-10, 5-29-14, 4-29-15.

Fla. Admin. Code R. 40A-2.441 Temporary Permits

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.216, 373.219, 373.244 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 10-1-95, 1-1-05, Repealed 5-29-14.

Fla. Admin. Code R. 40A-2.501 Permit Classification

Each permit shall be classified according to source and use. The use classification shall be as follows, and the listing does not establish any priority ranking of classes:

(1) Agricultural Use – the use of water associated with the irrigation of crops (including biofuel), greenhouse and nursery products, sod, forage, and pasture and non-irrigation uses associated with freeze protection, livestock and other domestic animals, aquaculture, and other uses associated with agricultural operations.

(2) Commercial Use – The self-supplied use of water (indoor and outdoor) associated with the production of goods or provisions of services by a commercial establishment. Commercial establishments include general businesses, office complexes, commercial cooling and heating, beverage processing plants, food processing, restaurants, gas stations, hotels, car washes, laundry facilities and the use of water at zoos, theme parks, waterslides, and attractions.

(3) Dewatering Use – the removal of water to control surface or groundwater when performing activities such as construction or excavation.

(4) Diversion and Impoundment – The diversion or extraction of surface water into impoundments and delivery systems designed for such purposes as maintaining structural integrity, maintaining control elevations for groundwater recharge, and supplying water to meet the reasonable – beneficial demands of secondary uses.

(5) Industrial Use – The use of water (indoor and outdoor) associated with the production of goods or provisions of services by a self-supplied industrial facility. Industrial uses include manufacturing plants, chemical processing plants, power generation plants, and other industrial facilities.

(6) Institutional Use – The use of water (indoor and outdoor) associated with the production of goods or provisions of services by a self-supplied institutional establishment which includes hospitals, group home/assisted living facilities, churches, prisons, schools, universities and military bases.

(7) Landscape Irrigation Use – The use of water for landscape irrigation including parks, common areas, large lawns and landscaped areas, cemeteries, medians and public right-of-ways.

(8) Mining Use – The use of water associated with the extraction, transport and processing of subsurface materials and minerals.

(9) Other Use – The use of water for aquifer remediation; environmental augmentation; cleaning and maintenance; and other purposes not described in Rule 40A-2.501, F.A.C.

(10) Public Supply Use – The use of water provided by any municipality, county, regional water supply authority, special district, public or privately owned water utility, multijurisdictional water supply authority, or other entity consistent with the Florida Safe Drinking Water Act, for human consumption and other purposes.

(11) Recreation Use – The use of water for the creation, maintenance and operation of recreational facilities such as golf courses, athletic fields, playgrounds; water-based recreation areas for hunting, fishing, boating, swimming, or for wildlife enhancement.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.246 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92, 11-1-93, 7-1-98, 5-29-14.

Fla. Admin. Code R. 40A-2.511 Declaration of Water Shortage

The Governing Board shall implement water shortage declarations pursuant to the provisions of Chapter 40A-21, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.175, 373.246 FS. History–New 10-1-82, Amended 1-5-86, 5-31-92.

Fla. Admin. Code R. 40A-2.801 Declaration of Water Resource Caution Areas

(1) The Governing Board is authorized to declare any portion of the District to be a Water Resource Caution Area. The Governing Board will consider the following criteria when determining whether to designate an area of the district a Water Resource Caution Area:

(a) Areas where fresh water resources are experiencing, or which are anticipated to experience within the next 20 years, significant or widespread reductions in water levels, salt water intrusion, mineralization, upconing of lower quality water, man induced contamination, or any other degradation;

(b) Areas experiencing, or which are anticipated to experience within the next 20 years, reductions in ground or surface water quantity or quality which adversely impacts existing legal users, or the environmental resources of the District, such as flora or fauna;

(c) Areas where existing water supply sources are not expected to be sufficient to meet projected demands for the next 20 years, or which will be required to use advanced water treatment technology or the importation of water to meet projected demands; and,

(d) Areas where Phase III, Extreme Water Shortages, or Phase IV, Critical Water Shortage, restrictions have been imposed on a frequent basis.

(2) Within a Water Resource Caution Area, the Board shall establish such permit thresholds, management and minimum levels, and limiting conditions as are necessary to monitor, manage, and control the use of water. The Board, as provided by Rule 40A-2.331, F.A.C., shall modify and condition any existing permit to provide for the protection of the water resources of the District.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.0421, 373.0361, 373.216, 373.219, 373.223, 373.246 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 5-31-92, 11-1-93, 10-1-95, 5-29-14.

Fla. Admin. Code R. 40A-2.802 Water Resource Caution Areas

The Governing Board designates the following areas as Water Resource Caution Areas. Designated Water Resource Caution Areas within the District are identified in Figures 2-2 and 2-3.

(1) Santa Rosa, Okaloosa, and Walton Counties.

The District has determined that the coastal area of Santa Rosa, Okaloosa, and Walton counties has limited potable water resources, are experiencing increasing water use demands and significant reductions in groundwater levels, and will potentially have to use advanced treatment technology, or the importation of water to meet future demands. To address the expanding demands and continued depletion of the area’s limited potable water resources, the Board hereby declares the area south of the Eglin Air Force Base in Santa Rosa, Okaloosa, and Walton counties, also the area extending south of SR-20 to the Bay County Line in Walton County, as a Water Resource Caution Area (See Figure 2-2). By means of this designation the following criteria are stipulated:

(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(6) or (7), F.A.C. The only exempt withdrawals are those designated in Rule 40A-2.051, F.A.C.;

(b) New and expanded uses of the Floridan Aquifer System for golf course, recreation, or landscape irrigation, or other non-potable uses, are determined not to be consistent with the public interest and are prohibited by the Board. However, the Governing Board shall consider the granting of an exemption to provide for the issuance of an Individual Water Use Permit if the following conditions are met:

A written exemption request is submitted as part of the permit application;
The use of reclaimed water is determined not to be economically, environmentally or technically feasible;
A commitment is provided by the applicant to utilize reclaimed water when determined feasible and to abandon and plug any Floridan Aquifer System well(s) at the time reclaimed water is utilized;
Hydrological data is submitted which demonstrates that no other source of ground or surface water can be utilized for the proposed use;
Water of the lowest acceptable quality available will be utilized for the proposed use;
Water conservation measures are identified that will be implemented at the time of authorization, and over the duration of the permit, to encourage and promote water conservation and efficiency in the use of the area’s water resources (conservation measures shall specifically provide for the reduction of irrigation water uses when applicable);
An undue economic hardship will threaten the livelihood of the applicant if the exemption request is not granted or if the applicant has to obtain water from a public water supply system; and
The request is determined reasonable-beneficial, and in the public interest and will not interfere with any existing legal uses.

(c) As authorized by Section 373.219, F.S., to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demand and promote the efficient use of the area’s water supplies.

The plans, programs, and measures will be reviewed specifically for standards and implementation schedules intended to reduce annual average residential per capita water consumption to 110 gallons per day through such actions as adoption of water conservation-based rate structures, reduction of leaks to 10 percent or less of the water withdrawn, implementation of water conservation public education programs, etc.
Water conservation plans, programs, and measures developed by local governments operating water supply utilities will also be reviewed to determine if a Florida-friendly landscape ordinance meeting the requirements of Sections 373.185(2)(a)-(f), F.S., and an ordinance requiring the installation of a rain/moisture sensor cutoff device on automatic irrigation systems pursuant to Section 373.62, F.S., have been adopted.
Utilities operating wastewater treatment plants shall include in the plan an analysis of the economic, environmental, and technical feasibility of providing reclaimed water for reuse within five years and of providing total reuse of reclaimed water within 20 years.

(d) Public water supply systems shall be required to actively participate and aid in the implementation of the goals and plans of the Walton-Okaloosa-Santa Rosa Regional Utility Authority.

(e) Golf course and industrial users which withdraw water from the Floridan Aquifer System shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if determined to be economically, environmentally, and technically feasible.

(2) Upper Telogia Creek Drainage Basin, Gadsden County.

The District has determined that areas of Gadsden County have experienced reductions in water supplies and have experienced continued competition for the available water resources. Water use within portions of the County, if not properly managed, has the potential of negatively impacting the water resources, the economic base, and the agricultural industry of the County; as well as, public supply and domestic well users. To provide for the comprehensive management of the water supplies within a portion of Gadsden County, the Board hereby declares the Upper Telogia Creek Drainage Basin located within Gadsden County, Florida, as determined by United States Geological Survey 7.5 Minute Topographic Maps named, “Gretna”, “Sycamore,” and “Mt. Pleasant”, a Water Resource Caution Area (Figure 2-3). By means of this designation the following criteria are stipulated:

(a) An Individual Water Use Permit is required for all non-exempt groundwater withdrawals that are not granted a General Water Use Permit by rule in subsection 40A-2.061(5), F.A.C. The only exempt withdrawals are those designated by Rule 40A-2.051, F.A.C.;

(b) As authorized by Section 373.219, F.S., to ensure water use is consistent with the overall objectives of the District, permits granted to public water supply utilities within the Water Resource Caution Area shall be conditioned to require the submittal of water conservation plans, programs, and measures which shall be evaluated on their effectiveness to reduce water use demands and promote water reuse and the efficient use of the area’s water supplies. Utilities which are presently treating wastewater, or which will treat wastewater in the future, shall include in the plan an analysis of the economic, environmental and technical feasibility of providing reclaimed water for reuse within five years, and of providing total reuse of reclaimed water within 20 years; and

(d) Golf course and industrial users which shall be required to develop, adopt, and implement water conservation plans and measures to encourage and promote water conservation and efficiency in the use of the area’s water supplies, and to utilize reclaimed water if it is determined to be economically, environmentally, and technically feasible.

History

Rulemaking Authority 373.044, 373.171, 373.223 FS. Law Implemented 373.219, 373.223, 373.250 FS. History–New 8-1-89, Amended 5-31-92, 11-1-93, 10-1-95, 5-29-14.

Fla. Admin. Code R. 40A-2.901 Forms

(1) The following forms are used in the implementation of this chapter:

(a) Water Use Permit Application, Form No. 160, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03846), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(b) Supplemental Form A – Agricultural Use, Form No. 160A, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03847), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03848), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(d) Supplemental Form C – Landscape/Recreation Use, Form No. 160C, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03849), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(e) Supplemental Form D – Mining/Dewatering Use, Form No. 160D, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03850), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(f) Supplemental Form E – Public Supply Use, Form No. 160E, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03851), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(g) Supplemental Form F – Other Use, Form No. 160F, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03852), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(h) Supplemental Form G – Institutional Use, Form No. 160G, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03853), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(i) Supplemental Form H – Diversion and Impoundment, Form No. 160H, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03854), and incorporated by reference in Rule 40A-2.101, F.A.C.;

(j) Water Use/Pumpage Water Use Permit Report Form No. 166, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03865), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(k) Periodic Water Use Reporting Form, NWFWMD Form No. 173, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03872), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(l) Water Use Summary Reporting Form, NWFWMD Form No. 172, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03871), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(m) Flow Meter Accuracy Report, Form No. 170, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03869), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(n) Alternative Method Flow Verification Report, Form No. 171, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03870), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(o) Annual Crop Summary Report Form No. 168, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03867), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(p) Crop Protection Report Form No. 169, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03868), and incorporated by reference in Rule 40A-2.381, F.A.C.;

(q) If water quality reporting is required, the permittee shall submit the data required on the Water Quality Report Form No. 167, effective May 29, 2014, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03866), and incorporated by reference in rule 40A-2.381, F.A.C.;

(r) Water Use Permit Letter Modification Request Form, Form No. 161, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03863), and incorporated by reference in Rule 40A-2.331, F.A.C.;

(s) Water Use Permit Transfer Form, NWFWMD Form No. 163, effective May 29, 2014,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03864), and incorporated by reference in Rule 40A-2.351, F.A.C.; and,

(t) Reuse Feasibility Information, Form No. 174, effective November 1, 2013,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-03261), and incorporated by reference in Rule 40A-2.101, F.A.C.

(2) These forms are available from the District website (nwfwater.com) and from the District offices listed in subsection 40A-2.021(13), F.A.C.

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.116, 373.219, 373.229 FS. History–New 10-1-82, Amended 1-5-86, 8-1-89, 5-31-92, 10-1-95, 7-1-98, 1-4-10, 10-20-13, 1-15-14, 5-29-14, 4-29-15.

Fla. Admin. Code R. 40A-2.902 Areal Boundary Maps for Water Use Permitting

General areal boundaries for Water Resource Caution Areas and Areas of Resource Concern are established for the implementation of water use permitting pursuant to this chapter and are indicated in Figures 2-1, 2-2, and 2-3. These boundaries are depicted in detail on the following maps: Water Resource Caution Area Map for Santa Rosa County incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19373); Water Resource Caution Area Map for Okaloosa County incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19374); Water Resource Caution Area Map for Walton County incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19375); Upper Telogia Creek Drainage Basin Water Resource Caution Area and Area of Resource Concern Map for Gadsden County incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19376); and Area of Resource Concern Map for Bay County incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19377). Copies of these maps can be obtained from the District’s website (nwfwater.com) or from the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333-4712.

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.216 FS. History–New 10-1-82, Amended 1-5-86, 5-4-87, 8-1-89, 5-31-92, 7-1-98, 1-1-05, 5-29-14, 4-29-15, 5-20-26.

Fla. Admin. Code R. 40A-2.903 Permitting Capacity Table

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.216, 373.171 FS. History–New 10-1-82, Repealed 1-5-86.

Fla. Admin. Code R. 40A-2.904 Areal Boundary Maps for Water Resource Caution Areas

(1) Areal boundaries for the Santa Rosa, Okaloosa, and Walton County Water Resource Caution Area encompassing the area south of Eglin Air Force Base as shown in the Santa Rosa County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19387), the Okaloosa County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19388), and the Walton County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19389), and the area extending south of SR-20 in Walton County to the Bay County Line as shown in the Bay County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19390) are established for the implementation of water use permitting pursuant to this chapter, and are indicated in Figure 2-2. These boundaries are depicted in specific detail for each of these counties on general county highway maps. These maps can be obtained from the District’s website (nwfwater.com) or from District offices.

(2) Areal boundaries for the Upper Telogia Creek Drainage Basin Water Resource Caution Area are established for the implementation of water use permitting pursuant to this Chapter and are indicated in Figure 2-3. These boundaries are depicted in detail on the Gadsden County General Highway Map incorporated by reference herein (effective May 2026) (http://flrules.org/Gateway/reference.asp?No=Ref-19391). This map can be obtained from the District’s website (nwfwater.com) or from District offices.

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.216 FS. History–New 8-1-89, Amended 5-31-92, 11-1-93, 5-29-14, 5-20-26.

Chapter 40A-3 REGULATION OF WELLS

Fla. Admin. Code R. 40A-3.011 Policy and Purpose

(1) The purpose of Chapter 40A-3, F.A.C., is to implement the duties and responsibilities of the District under Part III, Chapter 373, F.S., and those responsibilities and duties delegated to the District by the Department of Environmental Protection relative to regulating the location, construction, repair, or abandonment of wells, and the licensing of water well contractors. It is the policy of the Board that these rules are a reasonable necessity to insure the protection and management of water resources and the health, safety, and general welfare of the people of this District.

(2) The rules in this chapter implement the regulation of wells and licensing of water well contractors.

(3) Rules relating to water well contractor licensing are found in Chapter 62-531, F.A.C., effective 6-22-14, https://www.flrules/org/Gateway/reference.asp?No=Ref-09102, adopted by reference in Rule 40A-3.037, F.A.C., of these rules.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.333, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.313, 373.316, 373.323(2), 373.324, 373.326, 373.329, 373.333, 373.342 FS. History–New 4-14-80, Amended 2-1-82, 10-1-84, 1-9-86, Formerly 16G-3.01, Amended 8-1-89, 8-15-18.

Fla. Admin. Code R. 40A-3.021 Definitions

The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) “Abandonment” means the act, whether intentional or unintentional, of allowing a well to attain the condition of an abandoned well.

(2) “Abandoned Well” means a well the use of which has been permanently discontinued. Any well shall be deemed abandoned which is in such a state of disrepair, as determined by a representative of the District, that continued use for the purpose of obtaining ground water or disposing of water or liquid wastes is impracticable.

(3) “Aesthetic Use” means the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are ornamental and decorative.

(4) “Agricultural Irrigation Use” means the use of water for the commercial production of crops or the growing of farm products, including vegetables, citrus, pasture, nursery stock, turf grass, and sod.

(5) “Annulus” or “Annular Space” means any artificially created void existing between a well casing or liner pipe and a borehole wall.

(6) “Aquacultural Use” includes the use of water for spawning, cultivating, harvesting, or marketing of fin-fish, shellfish, crustaceans, frogs, turtles, and other aquatic organisms that have a sport or other economic value.

(7) “Aquifer” means a subsurface geologic unit capable of yielding significant quantities of water to wells and springs.

(8) “Aquifer Restoration Well” means a well used for the withdrawal of water for the purpose of recovering contaminant(s) to restore or improve the quality of the water within an aquifer.

(9) “Artificial Recharge” means the intentional introduction of water into any underground formation by means of a recharge or injection well.

(10) “Artificial Recharge Facility” means any facility constructed for the intentional introduction of water into any underground formation.

(11) “Board” means the Governing Board of the Northwest Florida Water Management District.

(12) “Certified Receipt” means the date and time an application for a permit is stamped as received in the District office.

(13) “Commercial Use” includes small businesses and facilities in which water is the prime ingredient of the service rendered, such as a car wash and laundromat.

(14) “Contractor” means any person licensed in accordance with Chapter 62-531, F.A.C., and engaged in the business of construction, repair, or abandonment of wells.

(15) “Department” means the Department of Environmental Protection (DEP) or its successor agency or agencies.

(16) “Domestic Self Supply Use” means the use of water for household purposes such as drinking, bathing, cooking, sanitation, or cleaning, which occurs in a private residence, and includes no more than one rental residence or no more than four nonrental residences served by one well.

(17) “Dewatering Use” means the removal of water from a specific area to facilitate mining or construction.

(18) “District” means the Northwest Florida Water Management District operating under the authority of Chapter 373, F.S.

(19) “Diversion and Impoundment into Non-District Facilities Use” means the diversion or extraction of water into non-District impoundments and delivery systems designed for such purposes as maintaining structural integrity, providing agricultural water and other non-recreational, non-aesthetic use.

(20) “Drive Shoe” means any device specifically designed, fabricated, and installed to protect the bottom end of a water well casing or liner pipe from collapse or other damage while the casing or liner pipe is being driven into place in a well.

(21) “Essential Use” includes the use of water strictly for fire-fighting purposes, health and medical purposes, and the use of water to satisfy federal, state, or local public health and safety requirements.

(22) “Freeze Protection” includes the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures.

(23) “Golf Course Irrigation Use” is the use of water to irrigate golf courses.

(24) “Grout” means a mixture consisting of water and Portland cement (American Concrete Institute type I or American Concrete Institute type III), sand and Portland cement mixed at three parts sand to one part cement by weight, or other approved types of cement and acceptable amounts of those additives approved by the District for use in cement grouts. The use of alternative methods or materials shall not cause degradation of the water resource. Grout composition shall not exceed six (6) gallons of water per cubic foot or sack of cement.

(25) “Heating or Cooling Use” means the use of water for heating, air-conditioning, or other cooling uses.

(26) “Industrial Use” includes those many uses wherein the water serves the purposes of manufacturing, commerce, trade or industry.

(27) “Injection Well” means a well for the express purpose of introducing under pressure any water into underground formations. This includes return wells for air conditioning systems and injection of water under pressure into underground formations for the possible purpose of storage and later recovery.

(28) “Landscape Irrigation Use” is the outside watering of plants, shrubs, grass, trees, and other such flora in landscapes surrounding homes, non-commercial house-hold gardens, industrial buildings, parks, recreational areas, cemeteries, public right-of-ways, and medians.

(29) “Livestock and Other Animals Use” includes water for drinking by or washing of livestock, including zoo animals.

(30) “Mining Use” includes use wherein the water is applied for the extraction, transportation, or processing of minerals.

(31) “Navigation Use” means water discharged from ground or surface sources either to tide water or to downstream lakes or reaches of rivers or canals for the purpose of permitting or protecting boating activity.

(32) “Nursery Irrigation Use” (Non agricultural) is the use of water on premises on or in which nursery stock is held for sale, distribution or is sold or reshipped. This term does not apply to water used for production of nursery stock.

(33) “Other Outside Use” means the use of water outdoors for dust control, maintenance, cleaning, and washing of structures and mobile equipment, including automobiles and the washing of streets, driveways, sidewalks, and similar areas.

(34) “Limited Use Public Supply” means the use of water in public water systems not covered under the definitions of Domestic Self Supply use or Public Water Supply Use of this section, and which is further defined as either:

(a) “Limited Use Commercial Public Water Systems Use” means the use of water by one or more nonresidential establishments; or

(b) “Limited Use Community Public Water System Use” means the use of water by five or more private residences or two or more rental residences.

(35) “Perishable Food Processing Use” includes industrial uses involving the processing of perishable food.

(36) “Power Production Use” includes use for steam or co-generation and the use of water for cooling and for replenishment of cooling reservoirs.

(37) “Public Water Supply Use” is the use of water as defined by the Florida Safe Drinking Water Act, and means the use of water by a Public Water System.

(38) “Public Water System” means a system for supplying water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. A Community Water System is a public water system which has at least 15 service connections used by year-round residents or which regularly serves at least 25 year-round residents. A non-Community Water System is a public water system which serves at least 25 individuals daily at least 60 days out of the year but the individuals served are not year-round residents and may be transients.

(39) “Recharge Well” means a well for the express purpose of introducing any waters into any underground formation. This definition shall include drainage or connector wells.

(a) “Drainage Well” generally describes a well for the express purpose of disposing of excess surface waters by gravity flow into any underground formation.

(b) “Connector Well” is a well for the express purpose of draining one aquifer and allowing this water to recharge another aquifer (interaquifer transfer).

(40) “Recreation Area Irrigation Use” is the use of water to irrigate recreational areas such as soccer, baseball, and football fields or playgrounds.

(41) “Sanitation Use” includes supplying water for toilet facilities, and for cleaning, when the use is in a non-residence. This use does not include drinking water or water used in cooking.

(42) “Soil Flooding Use” means the use of water for raising of water levels on agricultural lands for purposes not directly related to such purposes as crop growth, soil preservation, crop harvesting, and pest control.

(43) “Test Well” or “Test Hole” is a well constructed for temporary use, designed to allow specific geological or groundwater parameters to be examined prior to the construction of a permanent well.

(44) “Water-Based Recreation Use” is the use of water for public or private swimming and wading pools and other water-oriented recreation such as fishing, boating, and swimming, and including water slides.

(45) “Well Completion” means a well that meets all construction standards specified in Part II.

(46) “Well Seal” means an arrangement or device that prevents contaminants from entering the well at the upper terminal and that is approved by the District as satisfying the requirements of Rule 40A-3.521, F.A.C., of this rule.

(47) “Onsite Sewage Disposal System (OSDS)” means a sewage treatment and disposal facility, which may contain a standard subsurface, filled, or mound drainfield system, an aerobic treatment unit, a graywater system tank, a laundry wastewater system tank, a septic tank, a grease interceptor, a dosing tank, a solids or an effluent pump, alternative system or experimental system.

(48) “Sanitary Hazard” means a physical condition which involves or affects any part of a drinking water system or the raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.303, 373.306, 373.308, 373.309, 373.313, 373.316, 373.319, 373.323(2) FS. History–New 4-14-80, Amended 2-1-82, 3-29-84, 10-1-84, 1-9-86, Formerly 16G-3.02, Amended 4-5-88, 8-1-89, 12-1-90, 11-1-92, 11-1-93, 11-1-95, 7-1-98, 8-15-18.

Fla. Admin. Code R. 40A-3.031 Implementation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History–New 4-14-80, Amended 2-1-82, 3-29-84, 10-7-82, 1-9-86, Formerly 16G-3.03, Repealed 7-1-98.

Fla. Admin. Code R. 40A-3.032 Delegation

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309(2), 373.342 FS. History–New 1-9-86, Repealed 7-1-98.

Fla. Admin. Code R. 40A-3.037 Water Well Contractor Licensing

(1) Chapter 62-531, F.A.C., effective 8-7-19, which requires the licensing of water well contractors, is hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11589, a copy can be obtained from District offices upon request. The licensing program shall be administered and enforced by the District under the authority delegated to it by the Department of Environmental Protection by Order dated July 11, 1984.

(a) The Water Well Contractor Continuing Education Program Manual, effective 8-7-19, http://www.flrules.org/Gateway/reference.asp?No=Ref-11590, is referenced in Chapter 62-531, F.A.C., and is hereby incorporated by reference, and requires the use of the following forms, which are also incorporated by reference:

Coursework Certificate of Attendance and Evaluation, Florida Water Well Contractor Continuing Education Program, Form 1, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09478.
Florida Water Well Contractor Continuing Education Program, Certificate of Completion, Form 2, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09479.
Application for Continuing Education Coursework Approval, Florida Water Well Contractor Continuing Education Program, Form 3, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09617.
Application for Continuing Education Course Provider, Florida Water Well Contractor Continuing Education Program, Form 4, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09618.

Copies of the Water Well Contractor Continuing Education Program Manual and the forms referenced therein can be obtained from District offices upon request.

(b) The Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-09619, is referenced in Chapter 62-531, F.A.C., and is hereby incorporated by reference, and a copy can be obtained from District offices upon request.

(2) Unlicensed persons violating the provisions of Chapter 373, F.S., or these rules, or orders of the District are subject to the disciplinary procedures prescribed in Section 373.323, F.S.

History

Rulemaking Authority 373.044, 373.113, 373.323, 373.337 FS. Law Implemented 373.323 FS. History–New 10-1-84, Amended 8-1-89, 8-15-18, 5-20-20.

Fla. Admin. Code R. 40A-3.038 Violations of Licensing Requirements

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.323, 373.337 FS. Law Implemented 373.323, 373.333, 373.336 FS. History–New 1-9-86, Amended 8-1-89, 12-1-90, 11-1-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-3.040 Implementation

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.316, 373.326, 373.324 FS. History–New 1-9-86, Repealed 7-1-98.

Fla. Admin. Code R. 40A-3.041 Permits Required

(1) Unless expressly exempted by Statute or District rule, a permit must be obtained from the District prior to construction, repair, or abandonment of a well and the well must be constructed, repaired, or abandoned by a licensed water well contractor. Any potable water well proposed within an area of ground water contamination, as delineated by the Department, will be permitted as follows.

(a) The maps identified below, which are incorporated herein by reference, effective 6-27-00, show surface areas delineated by the Department as areas within which ground water contamination is known to exist or which encompasses vulnerable areas or areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies. Each map listed contains a month and year which corresponds to the date the Department prepared the most recent map showing any portion of a delineated area. Copies of these maps can be obtained from District offices upon request.

ESCAMBIA COUNTY:

Cantonment 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09455;

Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09485;

Seminole (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09486;

West Pensacola 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09456.

JACKSON COUNTY:

Alford 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09457;

Bascom 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09458;

Campbellton 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09459;

Cottondale East 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09483;

Cottondale West 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09484;

Cypress 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09460;

Dellwood 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09461;

Fairchild (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09462;

Graceville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09463;

Kynesville 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09464;

Malone 11/94, https://www.flrules.org/Gateway/reference.asp?No=Ref-09465;

Marianna 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09466;

Oakdale 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09467;

Grangeburg (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09468;

Saffold (AL) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09469;

Sills 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09470;

Sneads 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09471;

Steam Mill (GA) 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09472.

LEON COUNTY:

Tallahassee 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09473.

SANTA ROSA COUNTY:

Milton South 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09474;

Pace 11/94, http://www.flrules.org/Gateway/reference.asp?No=Ref-09475.

(b) Well Construction Requirements:

New potable water wells shall comply with the minimum construction standards contained in Chapter 40A-3, F.A.C., and additional requirements assigned by the permitting authority relative to depth restrictions, location of screened or open hole interval, and length of casing where warranted by local specific information.
Methods of constructing new potable water wells shall be limited to rotary drilling, boring, or other method specificallly approved by the permitting authority which meets the water well construction criteria in this chapter and as required below:

a. Well casing and liner pipe shall be new, free of breaks, corrosion and dents, straight and true, and not out of round. Welded or seamless black or galvanized steel pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe.

b. Solvent-bonded couplings shall be prohibited in areas with known ground water contamination which includes solvent components.

c. To prevent the interchange of water and loss of artesian pressure, contaminated, unconfined ground water intervals shall be sealed off prior to drilling through the underlying confining interval. Uncontaminated, unconfined ground water intervals shall be sealed off or otherwise protected prior to drilling into deeper, contaminated ground waters.

d. For any well casing installed in a bore hole with an annular space around the casing, the annular space shall be filled from bottom to top with not less than a nominal two inch thickness of neat cement grout.

e. A concrete pad measuring three feet by three feet by four inches shall be constructed around the elevated portion of the casing so that the casing is centered in the pad to prevent soil erosion and seepage of surface contamination into the annular space.

f. A minimum elevation of one foot of casing above land surface shall be required.

g. A raw water tap shall be provided to allow sampling of the well before exposure to storage or treatment.

h. The well casing shall be visibly and permanently marked above the land surface with the latitude and longitude and the permit number issued by the permitting authority for that well.

i. To the extent practical, potable water wells shall be located outside any delineated area identified in paragraph 40A-3.041(1)(a), F.A.C.

j. Where the source of contamination and the direction of ground water flow are known, in a delineated area identified in paragraph 40A-3.041(1)(a), F.A.C., to the extent practical, potable water wells shall be located upgradient of the source.

k. New potable water wells shall be located on ground least subject to inundation.

l. Any new potable water well constructed within a delineated area that does not meet the construction standards of this section shall be abandoned and plugged in accordance with Rule 40A-3.531, F.A.C., and applicable water mangement district rules.

New potable water wells shall be tested by the Department or other delegated authority using methods as specified by the Department in accordance with Section 373.309, F.S., for the presence in the untreated water of the ground water contamination which resulted in the delineation. The Department shall accept only test results obtained from water samples collected and analyzed by the Department of Health. The well construction permit applicant shall be responsible for the cost of sample collection, shipping, and analysis.

a. If no ground water contamination is found upon testing of a new potable well in a delineated area, the Department of Health shall be responsible for the issuance of a letter of clearance to the well construction permit applicant.

b. If ground water contamination is found upon testing or other ground water contamination is found, a well shall not be cleared for use without a demonstration, through water quality testing, that a filter or other permament remedy prevents the users of the well from being exposed through ingestion, inhalation, or dermal absorption, as appropriate for a contaminant, to ground water contamination.

Exemption from the requirements for construction of wells in delinated areas shall be granted to an applicant by the District or the permitting authority upon demonstration using hydrogeological, water quality, and other pertinent information that the exemption will not result in the impairment of the intent and purpose of this chapter. Detailed requirements for each exemption shall be negotiated between the permit applicant and the permitting authority on a case by case basis.

A construction or modification permit shall be obtained pursuant to Rule 40A-3.041, F.A.C., for all new potable wells prior to installation or conversion. Applicants shall submit a proposed well design with the completed application, and the permit fee, to the District. In addition to the general requirements of this chapter, the permit shall address the following requirements through special conditions:

a. Well construction including method of construction, depth, location of cased and screened intervals, casing material and grouting.

b. Any special cleaning requirements for casing or drilling equipment.

c. Water quality testing.

d. Unique well identifiers where needed.

Permitting and construction of new potable water wells, except for a well to be used for a public water system, are prohibited in delineated areas where a distribution line of an available potable water system is within 500 feet of the boundary of the property for which a well construction permit is being sought. Such prohibition applies unless the property owner or applicant obtains documentation from the public water system or the Department’s Water Supply Restoration and Replacement Program, and submits such documentation to the permitting entity, which demonstrates either of the following:

a. That economic factors caused by physical or legal impediments to construction to a distribution line prevent the property owner or permit applicant from obtaining potable water through connection to the distribution line; or

b. That necessary water distribution line extension (excluding plumbing and meters) cannot be completed within 30 days of application to the Department for water supply restoration or replacement.

(d) Prohibited Acts:

It shall be a violation of Section 373.309, F.S., and this chapter to construct, repair, convert from non-potable use, or abandon any potable water well, or use for human consumption any well subject to permit under this chapter without having obtained a permit pursuant to this section. This prohibition shall apply to both the water well contractor and the well owner.
It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this section without having performed water quality testing pursuant to subparagraph 40A-3.041(1)(b)3., F.A.C.
It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this section in which contaminants have been found without a demonstration through water quality testing that a filter or other means of preventing the users of such well from being exposed to ground water contamination is effective.

(e) Penalties.

Any person who violates any provision of this chapter pertaining to delineated areas, orders regarding delineated areas, or permits issued in delineated areas under the authority of this chapter shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, F.S. Continuing violation after an order or conviction shall constitute a separate violation for each day the violation occurs.
Any water well contractor who is in violation of subparagraph 40A-3.041(1)(d)1., F.A.C., shall, in addition to subparagraph 40A-3.041(1)(e)1., F.A.C., also be subject to the penalty provisions in Chapter 62-531, F.A.C., which is incorporated by reference in subsection 40A-3.037(1), F.A.C., including the license suspension and revocation provisions contained therein.

(2) A permit to construct, repair, modify or abandon any water well meeting the provisions of Chapter 373, Part III, F.S., and Chapter 40A-3, F.A.C., will be issued by the Executive Director. However, if a permit request is considered for denial or a written objection is filed to the issuance of a permit, or the application is for the construction of an artificial recharge facility, then the application shall be processed in accordance with the applicable provisions of Rule 40A-1.203, F.A.C., and acted upon by the District’s Governing Board.

(3) Permit applications shall be filed with the District on Department Form Number 62-532.900(1), State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, hereby incorporated by reference, effective 10-7-10, https://www.flrules.org/Gateway/reference.asp?No=Ref-09094, and a copy can be obtained from District offices upon request. The required fee shall be submitted with the permit application. Applications to construct an artificial recharge facility shall be accompanied by a completed copy of the Application to Construct/Operate/Abandon Class I, III, or V Injection Well Systems, effective 6-24-97, Department Form Number 62-528.900(1), F.A.C., hereby incorporated by reference, effective 6-24-97, https://www.flrules.org/Gateway/reference.asp?No=Ref-09104, and a copy can be obtained from District offices upon request.

(4) Permits for water use must be obtained under the provisions of Chapter 40A-2, F.A.C. A well shall not be constructed until an Individual water use permit is granted, if a water use permit is required.

(5) Additional information may be required such as: geophysical logs, geologic samples and logs, a list of proposed construction methods, a description of proposed pump tests, a list of well specifications, a description of the proposed water quality monitoring systems, and a description of the proposed total monitoring system.

(6) Receipt of the permit will constitute permission to begin well construction, repair, or abandonment.

(7) The District permit for a public water supply well does not constitute approval of the public water system. A separate application must be submitted to the Department in accordance with subsection 62-555.102(2), F.A.C., to obtain a permit to construct or alter a public water supply system.

(8) The permit shall be available at the site of the well during construction, repair or abandonment.

(9) Any permittee who desires to change the location of a well or otherwise amend a permit shall apply to the District for an amendment. No charge shall be made to amend the permit. As a condition to approving any amendment, the District may require remedial action to bring any work accomplished under the original permit into compliance with provisions of this chapter.

(10) A repair permit is not necessary if remedial work is performed on a well before the expiration date of the construction permit; however, an updated completion report should be filed with the District if the well depth or casing depth is increased.

(11) Permits will not be granted after a water well has been constructed, repaired, or abandoned, except in the case of subsection (12) below. As a condition to the enforcement action taken, a contractor will be required to submit a permit application and completion report for the District’s records.

(12) A permit to abandon is required for any well which was constructed and found unsuitable for use. If the contractor is in the drilling process and needs to abandon, he may perform the work prior to obtaining a permit; however, the permit must be obtained by telephone or in person no later than 24 hours following the well abandonment. The hole must be properly abandoned (plugged) according to the standards of subsection 40A-3.531(4), F.A.C.

(13) If a well unsuitable for use is abandoned (plugged), and the contractor plans to construct a new well, he may use the construction permit granted for the first well, provided that it has not expired.

(14) Receipt of a permit from the District does not alleviate the responsibility of the applicant to obtain other permits that may be necessary from local, state, or federal agencies. If more stringent rules concerning construction standards for water wells are promulgated by local permitting authorities, those standards shall apply.

(15) A permit to abandon a test well or test hole is required to be obtained by the property owner, through a licensed water well contractor, within six (6) months from the date of well construction permit issuance. However, if the test well or test hole was constructed to permanent well standards and meets all applicable setback requirements, the well may be converted to permanent well status by obtaining an additional construction permit for the new permanent well type. A new permit application fee must also be submitted in accordance with the proposed permanent well type.

(16) A single permit may be obtained for the construction, repair, or abandonment of the following multiple well systems provided the wells have similar construction into the same geologic formation, are completed in the same hydrogeologic unit, are located on contiguous tract(s) of land for which the applicant demonstrates a legal right to construct, repair or abandon a well(s), have individual total well depths equal to or less than fifty (50) feet below land surface, have individual well nominal casing with inner diameters equal to or less than four (4) inches, meet the criteria in Rule 40A-3.301, F.A.C., and comply with all applicable construction, location, casing and grouting requirements set forth in Chapter 40A-3, F.A.C.:

(a) Up to ten (10) monitor wells; or

(b) Up to ten (10) site investigation wells. Site investigation wells shall be abandoned under a separate permit no later than 90 days after construction is completed.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.337 FS. Law Implemented 373.106, 373.109, 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.337, 373.342, FS. History–New 4-14-80, Amended 4-13-81, 2-1-82, 10-7-82, 3-29-84, 1-9-86, Formerly 16G-3.04, 16G-3.11, Amended 8-1-89, 12-1-90, 2-14-91, 11-1-95, 7-1-98, 8-15-18, 5-20-20.

Fla. Admin. Code R. 40A-3.051 Exemptions

(1) A permit is not required prior to the construction, repair, or abandonment of any well exempted by Sections 373.303(7) and 373.326, F.S. (any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; wells for inserting media to dispose of oil brines, or to repressure oil or natural gas-bearing formations; wells for storing petroleum or natural gas or other products; or wells used for temporary dewatering for construction purposes).

(2) When the District finds that compliance with all requirements of this chapter would result in undue hardship, supported by information which demonstrates that the intent and purpose of the rule will not be impaired, an exemption from any one or more such requirements shall be granted by the District to the extent necessary to ameliorate such undue hardship. Such information may include water quality sampling or other reasonable information or action deemed necessary to assure the well will not adversely impact the water resource. The request for an exemption must be submitted in writing and detail the reasons why compliance with the requirements of this chapter will create a hardship.

(3) A water well contractor license is not required for a homeowner when he/she plans to construct a well two (2) inches or less inside diameter on his/her own or leased property, intended for use only in a single family house which is his/her residence or intended for use only for farming purposes on his/her farm, and when the waters to be produced are not intended for use by the public or any residence other than his/her own. However, the well construction must meet all applicable standards of this chapter.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.303, 373.306, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History–New 4-14-80, Amended 2-1-82, 5-17-83, 3-29-84, 1-9-86, Formerly 16G-3.05, 16G-3.12, Amended 8-1-89, 12-1-90, 11-1-92, 7-1-98, 8-15-18.

Fla. Admin. Code R. 40A-3.201 Permit Application Fees

(1) There shall be an application fee according to the following schedule, unless the well is a potable well within a delineated area as established by the Department, pursuant to Chapter 62-524, F.A.C.:

OUTSIDE DIAMETER

FEE*

OF CASING

Public Supply Wells, Construction and Repair

All Diameters

$250.00

Limited Use Public Supply Wells, Construction and Repair

All Diameters

$200.00

All Other Wells, Construction and Repair,

6 Inches and larger

$100.00

Not Listed Above

Diameter

All Other Wells, Construction and Repair,

4 Inch Diameter, but less

$50.00

Not Listed Above

than 6 Inch Diameter

All Other Wells, Construction and Repair,

Less than 4 Inch Diameter

$35.00

Not Listed Above

Monitor Wells

All Diameters

$30.00

Well Abandonment

All Diameters

$10.00

Emergency Telephone Authorization – Added to

Regular Permit Fee

All Diameters

$25.00

Exemption (variance) Added to

6 Inches and Larger

$150.00

Regular Permit Fee

Less Than 6 Inches

$50.00

(2) There shall be an application fee according to the following schedule, for those potable wells constructed within an area of groundwater contamination, as delineated by the Department pursuant to Chapter 62-524, F.A.C.:

OUTSIDE DIAMETER

FEE*

OF CASING

Public and Limited Use

All Diameters

$500.00

Public Supply Wells

Potable Wells Serving

All Diameters

$100.00

Single Family Residences

Exemption (variance)

6 Inches and Larger

$150.00

Added to Regular Permit Fee

Less Than 6 Inches

$50.00

*All permit application fees shall be non-refundable.

Note: The Emergency Telephone Authorization Fee and Exemption Fee are in addition to the standard permit fees listed above, and shall accompany applications for permits.

History

Rulemaking Authority 373.044, 373.109, 373.113, 373.171, 373.337 FS. Law Implemented 373.109, 373.309 FS. History–New 4-14-80, Amended 6-11-80, 4-13-81, 2-1-82, 5-17-83, 1-9-86, Formerly 16G-3.20, 16G-3.13, Amended 8-1-89, 1-1-90, 12-1-90, 2-14-91, 11-1-93.

Fla. Admin. Code R. 40A-3.301 Conditions for Issuance of Permits

(1) The District shall complete action upon any permit application within fourteen (14) days after receipt of a complete application, except in the case of water wells constructed for public water supply systems as defined in subsection 62-532.200(23), F.A.C., and wells constructed for the artificial recharge of water, wells requiring an Individual Water Use Permit under provisions of Chapter 40A-2, F.A.C., in which case permit action shall be completed within 90 days of receipt of a complete application for the construction of an artificial recharge well or Chapter 40A-2, F.A.C., application.

(2) The issuance of a permit is dependent upon:

(a) The application being accompanied by the required fee, and containing the information required on Department Form Number 62-532.900(1), State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, incorporated by reference in subsection 40A-3.041(3), F.A.C., effective 10-7-10, https://www.flrules.org/Gateway/reference.asp?No=Ref-09094. An application will be deemed incomplete if any portion of the application form is left blank or if the required sketch is illegible, does not provide the means to locate the proposed well, or is not consistent with the land coordinates provided in the application.

(b) The proposed construction, repair, or abandonment being in accordance with applicable law, rules, and orders.

(c) The work being done for a purpose and in a manner which is consistent with generally accepted engineering, hydrologic, and hydrogeologic practices.

(d) Whether the construction of the well will adversely affect the ground water resources.

(e) Whether the proposed well’s proximity to an area of ground water contamination delineated under the provisions of Chapter 62-524, F.A.C., may adversely affect the ground water resources or present a threat to the health, safety, and welfare of individuals who, through ingestion, inhalation, or dermal absorption may be exposed to ground water contamination.

(f) Whether the Governing Board has approved the issuance of an Individual Water Use permit or the construction of an artificial recharge well, if applicable.

(3) A permit may be granted with certain conditions or restrictions, such as:

(a) Collection and submittal of geologic samples;

(b) Geophysical logs required;

(d) Borehole diameter restricted;

(e) Total depth restricted;

(f) Length of casing specified;

(g) Capacity of pump restricted;

(h) Water use permit required;

(i) Grouting notification required;

(j) Grout specified;

(k) Water quality sampling and data submittal required;

(l) Water Treatment Systems (including filters);

(m) In areas delineated under the provisions of Chapter 62-524, F.A.C., a water well construction permit shall not be issued unless the well is constructed to criteria intended to protect the water resources from further contamination and the health, safety, and welfare of individuals who, through ingestion, inhalation, or dermal absorption may be exposed to ground water contamination. This criteria shall include stipulations on any of the following items: casing depth, construction method, well depth, water quality sampling, grout specifications, the installation of a water treatment system such as a filter and setback distance from a specific known source of contamination;

(n) Other such reasonable conditions as are necessary to assure that the well will comply with the requirements of Chapter 373, F.S., and will not adversely impact the water resources of the District.

(4) If the permit is obtained by the owner, the permit will be granted with the condition that the permit document be signed by the licensed water well contractor who will perform the work and return the permit to the District prior to construction, repair, or abandonment.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.306, 373.308, 373.309, 373.313, 373.323, FS. History–New 4-14-80, Amended 2-1-82, 10-7-82, 5-17-83, 3-29-84, 1-9-86, Formerly 16G-3.30, 16G-3.14, Amended 8-1-89, 11-1-92, 11-1-95, 7-1-98, 8-15-18.

Fla. Admin. Code R. 40A-3.321 Duration of Permits

All permits shall be valid for a period of ninety (90) days. If construction, repair or abandonment is not completed within that time, the District shall extend the permit for a period not to exceed ninety (90) days provided the conditions of the original permit application have not changed. Public water supply well permits may be renewed for a period of up to one (1) year from the date of permit issuance (in increments of ninety days per renewal request only). The District must receive a written request for an extension from the permittee or permittee’s agent before the original permit expires.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.041, Amended 8-10-87, 8-1-89, 12-1-90, 11-1-95.

Fla. Admin. Code R. 40A-3.341 Disapproval of Wells

(1) The District shall disapprove any water well or abandoned well if the District finds, after inspection, that the well does not comply with the provisions of this chapter.

(2) The District shall disapprove any well if the well is determined not to be suitable for the intended use identified in the application submitted to the District or if the well represents a threat to the water resources, or if the well is determined by the Department of Environmental Protection or the Department of Health and Rehabilitative Services to pose a threat to the health, safety, or welfare of the user.

(3) No well which has been disapproved may be used until it has been brought into compliance with this chapter. A well that cannot be brought into compliance with the District’s rules shall be abandoned as required by subsection 40A-3.531(4), F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.319 FS. History–New 4-14-80, Amended 4-13-81, 2-1-82, 10-1-84, Formerly 16G-3.34, 16G-3.18, Amended 8-1-89, 7-1-98, 8-15-18.

Fla. Admin. Code R. 40A-3.342 Permit Denial

(1) The District shall issue a notice of Intent to Deny whenever it determines that an application for a permit under Rule 40A-3.041, F.A.C., fails to meet the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule, order, or standard adopted pursuant thereto.

(2) The Notice of Intent to Deny shall:

(a) State the grounds for denial;

(b) Give the date of the Governing Board meeting at which the recommendation for denial shall be presented according to the procedures set forth in subsection 40A-3.342(3), F.A.C.; and

(3) The Governing Board shall be presented with a recommendation for denial of a permit application at the first regularly scheduled Board meeting following the determination that an application for a permit under Rule 40A-3.041, F.A.C., fails to meet the requirements of Chapter 373, F.S., or Chapter 40A-3, F.A.C., or any rule, order, or standard adopted pursuant thereto. At that time pertinent facts concerning the basis for denial shall be presented, and the contractor and owner will have an opportunity to present pertinent information. The Governing Board shall then decide to:

(a) Grant a permit to construct, repair, or abandon a water well as specified in the application;

(b) Grant a permit as in paragraph (a), above, except that certain conditions or restrictions authorized by law are imposed; or,

(4) The District shall notify the contractor and owner of final Board action described in subsection 40A-3.342(3), F.A.C., within fourteen (14) days after the action. The Notice of Denial shall:

(a) State the grounds for denial; and

(b) Be served in writing upon the contractor and owner at their last known addresses by registered or certified mail.

(5) Any person receiving a denial may request a hearing by filing a written petition with the District within 21 days of the mailing of the notice.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.306, 373.313 FS. History–New 4-14-80, Amended 2-1-82, 1-9-86, Formerly 16G-3.17, 16G-3.31, Amended 4-5-88, 11-1-92, 7-1-98.

Fla. Admin. Code R. 40A-3.411 Completion Reports

(1) Within thirty (30) days after the expiration of a permit, a well completion report shall be filed with the District on the forms provided by the District and in accordance with the instructions provided thereon.

(2) If no work is performed or if the well is not completed, a report shall be filed within thirty (30) days of the expiration of the permit stating that no well construction was performed under the permit or outlining the status of the incomplete well.

(3) Department Form Number 62-532.900(2), State of Florida Permit Well Completion Report, hereby incorporated by reference, effective 10-7-10, https://www.flrules.org/Gateway/reference.asp?No=Ref-09091, shall be used to report the completion of construction, repair, or abandonment of any well within District jurisdiction. A copy can be obtained from district offices upon request.

(4) The water well contractor shall provide the well owner a copy of the well completion report.

(5) The information filed as a part of the completion report shall be truthful and accurate in providing the specifications and characteristics of the constructed well. (See subsection 40A-3.901(3), F.A.C.)

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–New 4-14-80, Amended 5-17-83, 1-9-86, Formerly 16G-3.41, 16G-3.15, Amended 8-1-89, 11-1-95, 8-15-18.

Fla. Admin. Code R. 40A-3.451 Emergency Authorization

(1) Permission to begin construction, repair, or abandonment of any well may be applied for by telephone when conditions exist which would justify such a request. The District may grant such permits at its discretion. However, a serious set of unforeseen circumstances must exist to create an emergency. Mere carelessness, lack of planning on the part of the applicant (the owner or the contractor for the owner) or a desire to expedite the required work shall not be sufficient grounds to warrant the granting of an emergency authorization.

(2) Emergency permits shall be obtained from the District Headquarters only.

(3) Emergency permit applications shall be accompanied by a $25.00 fee in addition to the standard fee.

(4) The recipient of an emergency authorization shall submit an application in writing in accordance with the provision of Rule 40A-3.041, F.A.C., Permits Required. Permit applications shall be postmarked within 24 hours of the time the emergency authorization was granted by the District; the application shall also be accompanied by a handwritten note stating the nature of the emergency. All other provisions of these rules shall remain in force.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.109, 373.308, 373.309, 373.313, 373.326, 373.342, 373.333 FS. History–New 4-14-80, Amended 1-9-86, Formerly 16G-3.45, 16G-3.16, Amended 5-20-20.

Fla. Admin. Code R. 40A-3.461 Inspections

(1) The District is authorized to inspect any water well or abandoned water well within its area of responsibility. The District may cause to be made such inspections as it deems necessary to insure conformity with applicable standards of this rule chapter. Duly authorized representatives of the District may, at reasonable times, enter upon and shall be given access to any premises for the purpose of such inspection.

(2) If, upon the basis of such inspections, the District finds the standards of this rule chapter have not been met, the District shall give the owner and contractor written notice stating which rules have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Failure to act in accordance with the order of the District after receipt of written notice shall be grounds for disapproval of the well.

(3) A site inspection must be completed by an authorized representative of the District or the Department prior to issuing a permit for construction of a public water supply well.

(4) The District shall be notified at least 24 hours in advance of placement of grout in the annular space of any public supply water well; failure to notify the District sufficiently in advance may result in delay of completion of the well. A District representative will be on site to observe the grouting. If the District is properly notified and an inspector is not at the site at the appointed time, the grouting may be accomplished in his absence.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.119, 373.308, 373.309, 373.319, 373.333 FS. History– New 4-14-80, Amended 2-1-82, 1-9-86, Formerly 16G-3.46, 16G-3.22, Amended 7-1-98, 3-2-00.

Fla. Admin. Code R. 40A-3.492 Violations of Permits

(1) Actions, omissions, or conduct which shall be considered as violations for the purposes of Part I, Permitting, shall include the following:

(a) Failure to obtain a permit where required under Rule 40A-3.041, F.A.C.

(b) Failure to provide accurate information in the application for a permit.

(d) Failure to comply with any or all permit conditions.

(e) Failure to submit a completion report within the time period specified in Rule 40A-3.411, F.A.C.

(f) Failure to file an accurate completion report.

(g) Failure to report to the District within thirty (30) days of expiration of the permit when no work is performed or the well is not completed.

(h) Failure to notify the District 24 hours prior to the grouting of the annular space of any public supply well.

(i) Failure to fulfill any other applicable requirements of Chapter 373, Part III, F.S., or Chapter 40A-3, F.A.C.

(2) Actions which may be taken by District staff upon determination that a violation has occurred are outlined in Rule 40A-3.980, F.A.C., of these rules.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.319 FS. History–New 1-9-86, Formerly 40A-3.953, Amended 11-1-92, 11-1-95.

Fla. Admin. Code R. 40A-3.500 Scope of Part II

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–New 1-9-86, Repealed 7-1-98.

Fla. Admin. Code R. 40A-3.502 Construction Methods

(1) Wells must be so constructed, cased, grouted, plugged, capped, or sealed as to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or zone to another, contamination of ground water or surface water resources, or other adverse impacts.

(a) For public water supply wells connected to a community water system on or after August 28, 2003, except those connected under a construction permit for which the Department received a complete application before August 28, 2003, continuing protection of the well from the sanitary hazards shall be provided during the entire useful life of the well through one of the following means:

Ownership by the water supplier of all land within 100 feet of the well;
Control by the water supplier of all land within 100 feet of the well via easements, lease agreements, or deed restrictions that appropriately limit use of the land; or
Wellhead protection, zoning, or other land use regulations that appropriately limit use of all land within 100 feet of the well.

(b) Public water supply wells shall be located to comply with the setback distances identified in Table I below.

Table I

Water Well Setback Distances for Drinking Water Supply Wells Serving Public Water Systems or Bottled Water Plant Wells

Hazard Type

Installation

Setback in feet

(footnote)

Reuse of Reclaimed Water and Land Application

Slow Rate Land Application Restricted Public Access

500 (1.)

Rapid Rate Land Applications

500 (2.)

Overland Flow Systems

500

Transmission Facilities Conveying Reclaimed Water to Restricted Public Access Slow Rate Land Application Systems, Rapid Rate Land Applications Systems, or Overland Flow Systems.

100

Public Access, Residential Irrigation, or Edible Crop Slow-Rate Land Application Systems

Transmission Facilities Conveying Reclaimed Water to Public Access, Residential Irrigation, or Edible Crop Slow-Rate Land Application Systems

Domestic Wastewater Residuals

Domestic Wastewater Residuals Land Application Areas

500

Phosphogypsum Management

Phosphogypsum Stack Systems

500 (3.)

Storage Tank Systems

Aboveground or Underground Storage Tanks

100

Solid Waste Management Facilities

Solid Waste Disposal Facilities

500

Yard Trash Disposal, Storage, or Processing

200

Storage or Treatment of Solid Waste in Tanks

100

Onsite Sewage Treatment and Disposal Systems

Septic systems and associated transfer tanks and drainfields

200

Other Sanitary Hazards

Specific sanitary hazards defined in footnotes.

100 (4., 5.)

Feedlot and Dairy Wastewater Treatment and Management

Dairy Farm Waste – Unlined Storage and Treatement, or High Intensity Areas

300

Dairy Farm Waste – Land Application Areas

200

Footnotes:

This distance shall be reduced to 200 feet if facility Class I reliability is provided and shall be reduced to 100 feet if both facility Class I reliability and high-level disinfection are provided.
This distance shall be reduced to 200 feet if both facility Class I reliability and high-level disinfection are provided and if the applicant provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal.
This distance applies only to shallow water supply wells (i.e., potable water wells that pump from an unconfined water table aquifer).
The following examples are of sanitary hazards that pose a potentially high risk to ground water quality and public health: active or abandoned mines; airplane or train fueling or maintenance areas at airports and railroad yards; concentrated aquatic animal production facilities; domestic wastewater collection/transmission systems; drainage or injection wells, oil or gas production wells, and improperly constructed or abandoned wells (i.e., wells not constructed or abandoned in accordance with this chapter); fertilizer, herbicide, or pesticide storage areas at agricultural sites, golf courses, nurseries, and parks; graveyards; impoundments and tanks that process, store, or treat domestic wastewater, domestic wastewater residuals, or industrial fluids or waste and that are not regulated by the Department; industrial waste land application areas other than those regulated by the Department; junkyards and salvage or scrap yards; pastures with more than five grazing animals per acre; cattle dip vats; pipelines conveying petroleum products, chemicals, or industrial fluids or wastes; and underground storage tanks that are not regulated by the Department, but are used for bulk storage of a liquid pollutant or hazardous substance other than sodium hypochlorite solution.
The following examples are of sanitary hazards that pose a moderate risk to ground water quality and public health: aboveground storage tanks that are not regulated by the Department, but are used for bulk storage of a liquid pollutant or hazardous substance other than sodium hypochlorite solution; fertilizer, herbicide, or pesticide application areas that are not under the ownership or control of the supplier of water at agricultural sites, golf courses, nurseries, and parks; railroad tracks; stormwater detention or retention basins; and surface water (the surface water setback does not apply to multi-family and private wells).

(c) New public water supply wells shall be located on their sites in such a manner that the wells are in an area free from, or least subject to, inundation with surface drainage and flood water; and to the extent practicable, new public water supply wells shall be located on their sites in such a manner that the wells are “upstream” from on-site or off-site sanitary hazards when considering the direction of ground water movement.

(2) The well construction regulations promulgated by the Department governing the construction of potable wells in delineated areas in subsection 40A-3.041(1), F.A.C., shall apply to all potable wells constructed, altered, repaired, or abandoned in those delineated areas of the District.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 1-9-86, Amended 12-1-90, 2-19-91, 11-1-95, 8-15-18.

Fla. Admin. Code R. 40A-3.504 Location

(1) Wells shall be located so as not to pose a threat of contamination to the District’s water resources and to provide for the protection of the health, safety, and welfare of the user.

(2) Minimum spacing between wells and sanitary hazards such as septic tanks, drainfields, ground water contamination areas, cesspools, etc. shall be as specified by Section 381.0065, and Chapter 373, Part III, F.S., and the respective rules of the Department of Health and Rehabilitative Services and the Florida Department of Environmental Protection.

(3) The following minimum distances shall apply, unless an exemption has been obtained:

(a) Landscape and recreational area irrigation wells shall be located a minimum of seventy-five (75) feet from a sanitary hazard.

(b) Landscape and recreational area irrigation wells shall be located outside ground water contamination areas delineated by the Department of Environmental Protection in Rule 62-524.430, F.A.C.

(c) Domestic Self Supply water wells shall be located a minimum distance of twenty-five (25) feet from building foundations treated with pesticides.

(d) Domestic Self Supply water wells shall be located a minimum distance of seventy-five (75) feet from a sanitary hazard, such as an onsite sewage disposal system (OSDS).

(e) Domestic Self Supply water wells shall be located a minimum distance of one hundred and seventy-five (175) feet from storage and treatment facilities of livestock farms.

(f) Domestic Self Supply water wells within ground water contamination areas delineated by the Department of Environmental Protection shall be located as specified in Rule 62-524.500, F.A.C. The delineated areas are found in Rule 62-524.430, F.A.C.

(g) Limited Use Public Supply wells shall be located a minimum distance of one hundred (100) feet from a sanitary hazard, such as an onsite sewage disposal system (OSDS), if the sewage flow is less than 2,000 gallons per day or 200 feet from an OSDS with sewage flows of 2,000 gallons per day or more.

(h) Limited Use Public Supply wells, within ground water contamination areas delineated by the Department of Environmental Protection shall be located as specified in subparagraph 40A-3.041(1)(c)2., F.A.C.

(i) Public water supply wells must be located a minimum distance of two hundred (200) feet from a sanitary hazard, such as an onsite sewage disposal system (OSDS).

(j) Public water supply wells shall be located a minimum distance of one hundred (100) feet from other sanitary hazards.

(k) Public water supply wells shall be located a minimum distance of three hundred (300) feet from storage and treatment facilities of livestock farms.

(l) Public water supply wells shall be located a minimum distance of five hundred (500) feet from areas used for land application of reclaimed water.

(m) Public water supply wells within ground water contamination areas shall be located as specified in paragraph 40A-3.041(1)(b), F.A.C.

(4) The District shall increase these distances if necessary to protect the health, safety, and welfare of individuals who may be exposed to ground water contamination through ingestion, inhalation, or dermal absorption.

(5) Exemptions to the above specified distances may be obtained from the District as provided by Rule 40A-3.051, F.A.C. The exemption request will be evaluated on such criteria as gradient, well location, natural barriers, impermeable geological strata, water quality sampling, grouting, and the use of water treatment systems acceptable to the Department of Environmental Protection or the local health unit.

(6) In subdivisions platted after January 1, 1972, domestic self-supplied potable wells may be located on lots with onsite sewage disposal systems (OSDS), provided that each lot has a minimum area of at least one-half acre and either a minimum dimension of one hundred (100) feet or mean of at least one hundred (100) feet of the side bordering the street and the distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the remainder of the lot, and providing the projected daily domestic sewage flow does not exceed an average of 1,500 gallons per acre per day.

History

Rulemaking Authority 373.026, 373.044, 373.103, 373.113, 373.171, 373.308, 373.309, 373.326, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.326 FS. History–New 1-9-86, Amended 4-5-88, 8-1-89, 12-1-90, 2-19-91, 11-1-92, 11-1-93, 11-1-95, 8-15-18.

Fla. Admin. Code R. 40A-3.507 Casing and Liner Pipe Standards

(1) For the construction of water wells, well contractors shall comply with the well casing, liner pipe, coupling, and well screen requirements in subsection 62-532.500(1), F.A.C., which is incorporated by reference in paragraph 40A-3.504(3)(g), F.A.C.

(2) For well casing or liner pipe installed by driving, the casing or pipe shall not butt together inside threaded couplings unless the joint is electrically welded so as to be completely watertight. A drive shoe is required for use on pipe installed by driving unless exempted by the District.

(3) Well casing installed by driving shall not have less than the dimensions and weights specified in Table 1, and the requirements of paragraph 62-532.500(1)(b), F.A.C., which is incorporated by reference in paragraph 40A-3.504(3)(g), F.A.C.

TABLE 1

MINIMUM NOMINAL DIMENSIONS AND WEIGHTS FOR BLACK OR GALVANIZED STEEL CASING OR LINER PIPE INSTALLED BY DRIVING

Nominal

Outside

Wall

Plain End

Size

Diameter

Thickness

Weight

(in.)

(lb. ft.)

1.25

1.660

0.140

2.27

1.5

1.900

0.145

2.72

2.375

0.154

3.65

3.500

0.216

7.58

3.5

4.000

0.226

9.11

4.500

0.237

10.79

5.563

0.258

14.62

6.625

0.280

18.97

8.625

0.277

24.70

10.750

0.307

34.24

12.750

0.330

43.77

14-30

0.375 (standard wall, Schedule 40)

Greater than 30

0.500 (standard wall, Schedule 40)

Note: A 4 inch nominal size casing with a wall thickness of 0.188 and a plain end weight of 8.66 may be used if it conforms to standard API 5L-6/91, Grade B, 60 KSI tensile strength. For example A53-89A, Grade B, may also be substituted.

(4) Black or galvanized steel casing or liner pipe set into place without driving shall not have less than the dimensions and weights specified in Table 2.

TABLE 2

MINIMUM NOMINAL DIMENSIONS AND WEIGHTS FOR BLACK OR GALVANIZED STEEL CASING OR LINER PIPE SET INTO PLACE WITHOUT DRIVING

Nominal

Outside

Wall

Plain End

Size

Diameter

Thickness

Weight

(in.)

(lb. ft.)

1.25

1.660

0.140

2.27

1.5

1.900

0.145

2.72

2.375

0.154

3.65

2.5

2.875

0.203

5.79

3.500

0.188

6.65

3.5

4.000

0.188

7.65

4.500

0.188

8.66

5.500

0.188

10.79

6.625

0.188

12.92

8.625

0.188

16.94

10-16

0.250

Greater than 16

0.375

(5) For the construction of water wells using PVC casing, well contractors shall comply with the requirements of paragraph 62-532.500(1)(e), F.A.C., which is incorporated by reference in paragraph 40A-3.504(3)(g), F.A.C.

(6) Steel well casing and liner pipe shall be joined in a watertight manner by threaded couplings, electrical welding methods or other methods approved by the District. PVC pipe shall be joined by heat welding, solvent bonding, threaded couplings or other methods approved by the District, which shall meet the strength requirements of the casing as specified in subsection (5), above.

(7) Nonmetallic and stainless steel well casing or liner pipe shall not be installed or seated by driving unless it can be shown the casing or pipe will maintain its integrity so as to prevent degradation of the water resource. The Department of Environmental Protection, under the provisions of paragraph 62-532.500(1)(f), F.A.C., requires all alternative well casing, not listed in Table 1 to receive Department approval prior to use. Prior approval for the use of alternative materials shall also be obtained from the District.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.701(1)(a), Amended 4-5-88, 8-1-89, 12-1-90, 11-1-92, 8-15-18.

Fla. Admin. Code R. 40A-3.512 Standard Well Construction Methods

(1) In the construction of a well, reasonable caution shall be taken to maintain the premises in sanitary condition and to minimize the entrance of contaminants into the water resource. Water and materials used in construction shall be reasonably free of contamination.

(2) For wells which penetrate multiple aquifers or zones, the well shall be completed so as to prevent cross-connections of different aquifers or zones and to prevent leakage of water from one aquifer or zone to another aquifer or zone. If a well cannot be properly completed to prevent such an interchange of water between water-bearing zones or to prevent a loss of artesian pressure, the well shall be abandoned and plugged in accordance with Rule 40A-3.531, F.A.C., of these rules or other specifications provided by the District, as may be appropriate for the geological conditions encountered.

(3) For wells completed into unconsolidated aquifers, casing shall extend from land surface to the well screen. The well screen shall be attached to the casing with a watertight seal.

(4) For wells obtaining water from consolidated aquifers, a continuous casing shall extend from the land surface into the producing aquifer, and such casing must extend below the static water level of the aquifer intended to supply the water to the well unless it can be shown an alternative placement of the casing will prevent degradation of the water resource. All caving zones shall be cased or screened. Prior approval for the use of alternative methods shall be obtained from the District.

(5) Wells constructed to provide water for irrigation systems are required to have installed an anti-syphon device adequate to protect against contamination of the water supply, pursuant to the requirements of Section 487.064, F.S.

(6) All water wells intended to provide potable water shall be thoroughly cleaned of all foreign substances and obstructing material after the well has been constructed. The well shall be developed by pumping, surging, bailing, or other means which effectively remove sediment, well cuttings, and foreign material from in and around the well. Such wells shall be properly disinfected after construction in accordance with Section 11, Well Disinfection, American Water Works Association Standard for Water Wells, AWWA A100-84, dated June 10, 1984, which is hereby incorporated by reference.

(7) It is the intent that all wells shall be constructed to prevent caving and pumping of sand. In areas where the potential exists for sand to enter the well, a screen shall be used. If a screen is not used and the completed well pumps sand, the well will be determined not to be suitable for its intended use and the well will have to be repaired or abandoned.

(8) The well casing shall extend a minimum of twelve (12) inches above ground level and shall not be cut off below ground level unless prior approval is obtained from the District. Circumstances for which such approval shall be considered include the practice of installing the well top, pump and pump control apparatus in a water tight below grade box specifically designed and installed for such purpose for a well whose location is not subject to flooding or inundation. Persons wishing to apply for approval shall submit their request to the District on NWFWMD Form No. 122, Request For Below Grade Well Casing Approval. The request will be reviewed in the same manner as exemption requests specified in Rule 40A-3.051, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.701(2), Amended 8-10-87, 4-5-88, 8-1-89, 12-1-90, 11-1-92.

Fla. Admin. Code R. 40A-3.517 Grouting and Sealing

Wells shall be grouted and sealed to protect the water resource from degradation caused by movement of waters along the well annulus either from the surface to the aquifer or between aquifers, and to prevent loss of artesian pressure in artesian aquifers. All wells shall be constructed and sealed using a method which insures that an open or unnaturally permeable annular space does not remain when a well is completed.

(1) Rotary wells located south of grout line. The grout line is established in a Florida Department of Environmental Regulation Grout Exemption Letter, effective 9-10-1980, http://www.flrules.org/Gateway/reference.asp?No=Ref-08941, and is hereby incorporated by reference and can be obtained from the District’s website (nwfwater.com) or from District offices upon request. Wells constructed by the rotary method and located south of the grout line shall have an annular space between the casing and the borehole wall of not less than two inches and shall be sealed according to the following criteria:

(a) All diameter wells constructed by the rotary method and completed into a consolidated formation shall be sealed by filling the annular space with a two-inch thickness of grout from the bottom of the casing to the land surface.

(b) Wells constructed by the rotary method and completed into an unconsolidated formation shall be sealed by filling the annular space with a two-inch thickness of grout from a point above the top of the screen to the land surface if:

The well is a public water system as defined in subsection 40A-3.021(39), F.A.C., of this rule;
The well is for Limited Use Public Supply use as defined in subsection 40A-3.021(35), F.A.C., of this rule;
The well has a diameter of six inches or larger;
The well penetrates a confining bed;
The well is to be located within one thousand (1,000) feet of any source of pollution, including plants processing hazardous or toxic substances, sanitary landfills (active or closed), sewage percolation ponds, sewage spray irrigation fields, toxic waste disposal systems of any kind including known ground water contamination areas, or other such sources of pollution; or
The well, with an approved exemption from the District, is to be located within seventy-five (75) feet of an onsite sewage disposal system (OSDS).

(c) Wells constructed by the rotary method and completed into an unconsolidated formation, but which do not meet the conditions identified in paragraph (1)(b), shall be sealed by filling the annular space with uncontaminated, well-compacted sand and sealing the top of the casing with grout that contains a minimum of one (1) cubic foot of cement.

(2) Rotary wells located north of the grout line. The grout line is established in a Florida Department of Environmental Regulation Grout Exemption Letter, effective 9-10-1980, http://www.flrules.org/Gateway/reference.asp?No=Ref-08941, and is incorporated by reference in subsection 40A-3.517(1), F.A.C., and can be obtained from the District’s website (nwfwater.com) or from District offices upon request. Wells constructed by the rotary method and located north of the grout line shall have an annular space between the casing and the borehole wall of not less than two inches and shall be sealed according to the following criteria:

(a) Wells constructed by the rotary method and completed into a consolidated formation shall be sealed by filling the annular space with a two-inch thickness of grout from the bottom of the casing to the land surface if:

The well is a public water system as defined in subsection 40A-3.021(39), F.A.C., of this rule;
The well is for Limited Use Public Supply use as defined in subsection 40A-3.021(35), F.A.C., of this rule;
The well has a diameter of six (6) inches or larger;
The well is to be located within one thousand (1,000) feet of any source of pollution, including plants processing hazardous or toxic substances, sanitary landfills (active or closed), sewage percolation ponds, sewage spray irrigation fields, toxic waste disposal systems of any kind including known ground water contamination areas, or other such sources of pollution; or
The well, with an approved exemption from the District, is to be located within seventy-five (75) feet of an onsite sewage disposal system (OSDS).

(b) Wells constructed by the rotary method and completed into a consolidated formation, but which do not meet the conditions identified in paragraph (2)(a), shall be sealed by filling the annular space with a two-inch thickness of grout from the bottom of the casing up to a minimum distance of twenty (20) feet, or into the last confining bed encountered, whichever is greater. The remainder of the annular space shall be filled with uncontaminated, well-compacted sand, clay, or other material that is appropriate for the specific geological conditions encountered and that will prevent degradation of the water resource. The top of the casing shall be sealed with grout that contains a minimum of one (1) cubic foot of cement. Prior approval for the use of alternative methods or materials shall be obtained from the District.

(c) Wells constructed by the rotary method and completed into an unconsolidated formation shall be sealed by filling the annular space with a two-inch thickness of grout from a point above the top of the screen to the land surface if:

The well is a public water system as defined in subsection 40A-3.021(39), F.A.C., of this rule;
The well is for Limited Use Public Supply use as defined in subsection 40A-3.021(35), F.A.C., of this rule;
The well has a diameter of six inches or larger;
The well penetrates a confining bed;
The well is to be located within one thousand (1,000) feet of any source of pollution, including plants processing hazardous or toxic substances, sanitary landfills (active or closed), sewage percolation ponds, sewage spray irrigation fields, toxic waste disposal systems of any kind including known ground water contamination areas, or other such sources of pollution; or
The well, with an approved exemption from the District, is to be located within seventy-five (75) feet of an onsite sewage disposal system (OSDS).

(d) Wells constructed by the rotary method and completed into an unconsolidated formation, but which do not meet the conditions identified in paragraph (2)(c), shall be sealed by filling the annular space with uncontaminated, well-compacted sand and sealing the top of the casing with grout that contains a minimum of one (1) cubic foot of cement.

(3) Driven wells located north or south of the grout line. Wells with casing which is driven starting at the land surface and thence to its final depth in a borehole that is equal to or smaller in diameter than the outside diameter of the casing, or which is driven starting at the land surface and thence to its final depth ahead of the drill bit, shall be sealed with grout if:

(a) Any part of the well is constructed by setting the casing in a previously constructed borehole which is larger in diameter than the outside diameter of the final casing, or, for any other reason, a space is created between the borehole and the casing. Such a well shall be sealed by filling the annular space with grout from bottom to top.

(b) The well is a public water system as defined in subsection 40A-3.021(39), F.A.C., of this rule or is for Limited Use Public Supply use as defined in subsection 40A-3.021(35), F.A.C., and the well is constructed by driving casing into a consolidated formation. Such a well shall be sealed by under-cutting or under-reaming the last five (5) feet of the hole before seating the casing. A minimum of one (1) foot of the enlarged hole must be in the consolidated formation in which the casing will be seated. The entire enlarged portion of the hole shall be filled with grout and the casing driven through the grout to refusal. The upper twenty (20) feet of the well shall have an annulus not less than two inches, and shall be sealed by filling the annular space with grout.

(4) Grouting and sealing of water wells shall be accomplished in the following manner unless an exemption is granted by the District for the use of alternative methods or materials that are appropriate for the specific geological conditions encountered and that prevent degradation of the water resource.

(a) Composition of neat cement grout shall not exceed six (6) gallons of water per cubic foot or 94-pound sack of Portland cement.

(b) The casing shall be centered in the borehole prior to grouting and sealing.

(d) The minimum set time for grouting of casing before drilling operations may continue will be as specified in Table 3 below.

TABLE 3

GROUT SETTING REQUIREMENTS

TYPE OF WELL

STEEL CASING

PVC CASING

Public Supply Well

MINIMUM OF 72 HOURS

Limited Use Public Supply

MINIMUM OF 12 HOURS

Well

Other Wells:

4 Inches and

Driven into a consolidated

Constructed into a

Smaller in

formation with drive shoe

consolidated formation

Diameter

MINIMUM OF 2 HOURS

utilizing a shell packer

MINIMUM OF 4 HOURS

Not driven into a

Constructed into a

consolidated formation

but utilizing a shell

not utilizing

packer

a shell packer

MINIMUM OF 4 HOURS

MINIMUM OF 12 HOURS

Sand-and-gravel wells

Sand-and-gravel

which penetrate a confining

wells which penetrate

bed which do not

a confining

utilize a shell packer

bed and which do not

MINIMUM OF 12 HOURS

utilize a shell

packer

MINIMUM OF 12 HOURS

Larger than 4

Inches in

Diameter

MINIMUM OF 12 HOURS

(5) Other approved methods and materials may be used if they are appropriate for the specific geological conditions encountered and if they prevent degradation of the water resource. Prior approval for the use of alternative methods or materials shall be obtained from the District.

(6) In those cases where, during grouting operations, circulation of the neat cement grout is lost so that the annular space being grouted cannot be filled in one continuous operation, a tremie pipe shall be installed in the annular space to a point immediately above the zone of lost circulation; and the annulus shall be bridged at that point by sand or other suitable material introduced through the pipe until a level is reached at which grouting can be continued.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.701(2)(e), Amended 8-10-87, 4-5-88, 8-1-89, 12-1-90, 11-1-92, 11-1-93, 8-15-18.

Fla. Admin. Code R. 40A-3.521 Well Seals

(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well during construction, repair, or abandonment, the well opening shall be sealed with a substantial watertight cover. Except for those areas of the District with the concurrence of the Department, any well in which pumping equipment is installed seasonally or periodically shall, whenever pumping equipment is not installed, be capped with a watertight cap or valve.

(2) Permanent Well Seals. Wells located on ground subject to flooding shall be properly sealed to prevent the movement of contaminants and surface water into the well. The upper end of the well casing shall include a watertight seal with any vent above the 100-year flood level. Pumping equipment and any necessary pipe or electrical connections shall be so installed as to prevent inadvertent introduction of contaminants into the well. Pumping equipment and any necessary piping or electrical connections installed within the casing shall be installed through a well seal. An unobstructed inspection port equipped with a removable plug shall be provided and be accessible at the wellhead.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 1-9-86.

Fla. Admin. Code R. 40A-3.525 Explosives

The use of explosives in well construction or development is prohibited unless it can be shown their use will not cause degradation of the water resource and will not endanger the health, safety, or welfare of the people. The use of explosives must be specifically approved by the District.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309 FS. History–New 1-9-86, Amended 4-5-88.

Fla. Admin. Code R. 40A-3.529 Flowing Wells

If the well flows at land surface, a valve shall be provided and maintained for controlling the discharge from the well. For newly constructed wells, the responsibility for controlling the discharge from the well becomes the owner’s upon the water well contractor’s submission of a well completion report to the District.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.206, 373.209, 373.306, 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.701(4).

Fla. Admin. Code R. 40A-3.531 Abandoned Well Plugging

(1) All abandoned wells shall be plugged.

(2) It shall be the responsibility of:

(a) The water well contractor to plug any well drilled under his license which is not completed or is not suitable for its intended use when work is completed. Wells which are not completed by the contractor shall be plugged prior to the well drilling rig being removed from the site. A well which is determined to be unsuitable for its intended use shall be plugged within fourteen (14) days of notification from the District.

(b) The property owner to have properly plugged any existing abandoned well on his property, or any well on his property which, following construction, attains the state of an abandoned well as defined in subsection 40A-3.021(1), F.A.C., of these rules.

(3) Any well which was not constructed in accordance with the standards of Part II of these rules and fails to be corrected within a time certain may be deemed an abandoned well.

(4) Abandoned wells and wells shall be plugged by filling them from bottom to top with grout, unless otherwise provided in writing by the District. The use of alternative methods or materials shall not cause degradation of the water resource.

(5) Abandoned wells shall be plugged only by a licensed water well contractor.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.206, 373.207, 373.209, 373.306, 373.308, 373.309 FS. History–New 1-9-86, Formerly 40A-3.701(5), Amended 4-5-88, 8-1-89.

Fla. Admin. Code R. 40A-3.550 Violations of Construction Standards

(1) Acts or omissions which constitute violations of Part II of these rules governing well construction standards, shall include:

(a) Failure to meet the location requirements of Rule 40A-3.504, F.A.C.

(b) Failure to meet the casing specifications provided in Rule 40A-3.507, F.A.C.

(d) Failure to disinfect a well constructed for potable use.

(e) Failure to provide a nominal two-inch annulus in rotary constructed wells.

(f) Failure to properly seal the annular space of any well.

(g) Failure to plug an abandoned well.

(h) Failure to comply with any order for corrective work.

(i) Failure to fulfill any other applicable requirements of Chapter 373, Part III, F.S., or Chapter 40A-3, F.A.C.

(2) Actions which may be taken by the District staff upon determination that a violation has occurred are outlined in Rule 40A-3.980, F.A.C., of these rules.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.308, 373.309, 373.319 FS. History–New 1-9-86, Amended 11-1-92.

Fla. Admin. Code R. 40A-3.701 Construction Standards

History

Rulemaking Authority 373.044, 373.812, 403.861(8), (9), 373.309 FS. 17-1.04(8), F.A.C. Law Implemented 373.313, 373.316 FS. 17-21, F.A.C. History–New 4-14-80, Amended 10-27-80, 4-13-81, 2-1-82, 3-29-84, Formerly 16G-3.70, 16G-3.21, Repealed 1-9-86.

Fla. Admin. Code R. 40A-3.721 Driller Registration

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Amended 1-9-86, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.725 Responsibility of Contractor

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.727 Type of Registration

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.733 Exemptions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Repealed 1-9-86.

Fla. Admin. Code R. 40A-3.751 Enforcement and Penalties

History

Rulemaking Authority 373.044 FS. 17-21 F.A.C. Law Implemented 373.126, 373.333 FS. History–New 4-14-80, Formerly 16G-3.75, 16G-3.76, 16G-3.31, 16G-3.32, Transferred to 40A-980.

Fla. Admin. Code R. 40A-3.752 Refusal, Suspension, or Revocation of Registration

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Amended 1-9-86, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.763 Examinations

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.308, 373.323, 373.326 FS. History–New 10-1-84, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.901 Forms and Instructions

The following forms are used in the implementation of this chapter and are hereby incorporated by reference into this rule.

(1) DEP Form 62-532.900(1), effective 10-7-10, http://www.flrules.org/Gateway/reference.asp?No=Ref-09094, and incorporated by reference in subsection 40A-3.041(3), F.A.C.

(2) DEP Form 62-532.900(2), effective 10-7-10, http://www.flrules.org/Gateway/reference.asp?No=Ref-09091, and incorporated by reference in subsection 40A-3.411(3), F.A.C.

(3) NWFWMD Form 122; Request For Below Grade Well Casing Approval, effective 11-1-92, http://www.flrules.org/Gateway/reference.asp?No=Ref-09094, and incorporated by reference in subsection 40A-3.512(8), F.A.C.

Forms may be obtained from:

District Headquarters, 152 Water Management Drive, Havana, FL 32333-9700, (850)539-5999;

DeFuniak Springs Service Office, 700 US Highway 331 S, DeFuniak Springs, FL 32435.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS., 62-532, F.A.C. Law Implemented 373.306, 373.308, 373.309 FS. History–New 4-14-80, Amended 10-27-80, 2-1-82, 1-9-86, Formerly 16G-3.90, Amended 8-1-89, 12-1-90, 2-14-91, 11-1-92, 11-1-93, 11-1-95, 8-15-18.

Fla. Admin. Code R. 40A-3.951 Introduction

The purpose of this part is to implement the delegation of Section 373.333, F.S., under provisions of subsection 62-101.040(10), F.A.C., by the Department of Environmental Protection to the Northwest Florida Water Management District. This delegation provides authority to the District to suspend or revoke the license issued pursuant to Section 373.333, F.S., of any holder of such license who has violated any provision of Part III, Chapter 373, F.S., or any rule or regulation adopted pursuant to this part.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS., 17-1.04(8), F.A.C. Law Implemented 373.333(6) FS. History–New 2-1-82, Amended 1-9-86, 11-1-93.

Fla. Admin. Code R. 40A-3.952 Violations

(1) Violations for purposes of this Part IV shall mean the failure of any licensee or his agents or employees to comply with the provisions of Chapter 373, F.S., Chapter 40A-3, 62-531, 62-532 or 62-555, F.A.C.

(2) A licensee will be notified of any violation according to the procedures specified in Chapter 62-531, F.A.C., herein adopted by reference.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.323 FS. History–New 2-1-82, Amended 1-9-86, 8-1-89.

Fla. Admin. Code R. 40A-3.954 Reporting of Drillers Not Required to be Licensed

History

Rulemaking Authority 17-1.04(8) F.A.C. Law Implemented 373.323(3), (6) FS. History–New 2-1-82, Repealed 1-9-86.

Fla. Admin. Code R. 40A-3.955 Suspension; Suspenion with Conditions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.323 FS. History–New 2-1-82, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.956 Revocation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.323 FS. History–New 2-1-82, Repealed 8-1-89.

Fla. Admin. Code R. 40A-3.980 Enforcement and Penalties

(1) Enforcement of these rules shall be as provided by Chapter 373, F.S., and Chapter 62-531, F.A.C., adopted herein by reference.

(2) Penalties for violation of these rules shall be as provided by Chapter 373, F.S., and Chapter 62-531, F.A.C., adopted herein by reference.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.333, 373.336 FS. History–New 4-14-80, Amended 10-1-84, Formerly 16G-3.75, 16G-3.76, 16G-3.31, 16G-3.32, 40A-3.751, Amended 8-1-89.

Fla. Admin. Code R. 40A-3.753 Procedure

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.323 FS. History–New 2-1-82, Repealed 8-1-89.

Chapter 40A-4 MANAGEMENT AND STORAGE OF SURFACE WATERS

Fla. Admin. Code R. 40A-4.011 Policy and Purpose

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113,373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.426, 373.428 FS. History–New 4-14-80, Formerly 16G-4.01, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.021 Definitions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.414, 373.416, 373.418, 373.426, 403.813 FS. Law Implemented 373.418, 373.413 FS. History–New 4-14-80, Formerly 16G-4.02, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.041 Permit Required

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.406, 373.418, 380.06(9) FS. Law Implemented 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.04, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.051 Exemptions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.406, 373.413, 373.416, 373.426, 403.813 FS. History–New 4-14-80, Formerly 16G-4.05, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.061 Mitigation Banks

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.046, 373.083, 373.4036, 373.4135, 373.4137 FS. History–New 6-22-94, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-4.091 Processing of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.406, 373.418 FS. Law Implemented 373.118, 373.406, 373.417, 373.418, 373.4141, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.061, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.101 Content of Application

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.131, 373.406, 373.418 FS. Law Implemented 373.406, 373.413, 373.416, 373.426, 373.427 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.10, Amended 7-1-98, 3-2-00, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.142 Headgates, Valves, and Measuring Devices

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.409, 373.413, 373.416, 373.436 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.14, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.143 Abandonment

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.15, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-4.201 Permit Processing Fee

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.109 FS. History–New 4-14-80, Formerly 16G-4.20, Amended 8-1-89, 1-1-90, 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.301 Conditions for Issuance of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.042, 373.0421, 373.413(1), 373.416, 373.418, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.30, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.321 Duration of Permit

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416(2), 373.418, 373.426 FS. History–New 4-14-80, Formerly 16G-4.32, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.331 Revocation and Modification of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.429 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.34 Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.411 Completion Report

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.419, 373.426 FS. History–New 4-14-80, Formerly 16G-4.41, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.461 Inspection

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.423, 373.426 FS. History–New 4-14-80, Formerly 16G-4.46, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-4.471 Abatement

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.433 FS. History–New 4-14-80, Formerly 16G-4.47, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-4.481 Remedial and Emergency Measures

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.436, 373.439 FS. History–New 4-14-80, Formerly 16G-4.48, Amended 7-1-98, Repealed 10-1-13.

Fla. Admin. Code R. 40A-4.901 Forms and Instructions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.418 FS. Law Implemented 373.116, 373.118, 373.413, 373.416, 373.418, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-4.90, Repealed 10-1-13.

Chapter 40A-6 WORKS OF THE DISTRICT

Fla. Admin. Code R. 40A-6.011 Policy and Purpose

(1) The rules of this chapter are published to provide protection for the works of the District by establishing procedures to be followed by those who find it necessary to connect to, withdraw water from, discharge water into, place construction within or across, or to otherwise make use of the works of the District. State law prohibits such work unless approved by the Governing Board of the District.

(2) “The Works of the District” shall be specifically named in this chapter as these works are established by the Governing Board.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.087, 373.103, 373.139 FS. History–New 4-14-80, Formerly 16G-6.01, Amended 10-29-80, 3-2-00, 8-6-13.

Fla. Admin. Code R. 40A-6.021 Definitions

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise and such meaning shall apply throughout Chapter 40A-6, F.A.C. The terms defined in Chapter 373, F.S., shall also apply throughout this chapter.

(1) “Tributaries” means the contributing streams and other watercourses, including brooks, rills, and rivulets, extending upstream to the point where water usually begins to flow in a regular channel, with an alveolus, or bed, and banks or sides, or to the point where the lines of ordinary high water marks converge, whichever extends the farthest upgradient.

(2) “Works of the District” means those projects and works including, but not limited to, structures, impoundments, wells, streams, and other watercourses, together with the appurtenant facilities and accompanying lands which have been officially adopted by the Governing Board of the District as works of the District.

(3) “Public interest” shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.087, 373.103 FS. History–New 4-14-80, Formerly 16G-6.02, Amended 10-29-80.

Fla. Admin. Code R. 40A-6.041 Permit Required

(1) Unless expressly exempted by these rules or by the statutes, a permit shall be required to connect to, withdraw water from, place construction within or across, or otherwise make use of a work of the District, or to remove any facility or otherwise terminate such activity.

(2) The permit does not convey any property rights or privileges other than those specified in the permit; it does not authorize any injury to private property or invasion of private rights; nor does it waive the governing requirements of any other agency or authority.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-6.04, Amended 4-17-18.

Fla. Admin. Code R. 40A-6.091 Works of the District

The following are declared to be works of the District:

(1) The structures, impoundment, streams, and other watercourses, together with the appurtenant facilities and accompanying lands described below which are within the Megginnis Creek-Megginnis Arm area of Leon County.

(a) Commence at a concrete monument marking the Southeast corner of Section 14, Township 1 North, Range 1 West, Leon County, Florida and run North 89 degrees 53 minutes 14 seconds West along the South line of said Section 60.00 feet to a concrete monument on the Westerly boundary line of the 60-foot right-of-way of Allen Road, then run North 00 degrees 12 minutes 14 seconds East (Bearing Base) along said Westerly right-of-way boundary line 1266.85 feet to a concrete monument on the Southerly boundary line of the 60-foot right-of-way of Fulton Road, then run South 89 degrees 55 minutes 24 seconds West along said Southerly right-of-way boundary line 279.97 feet to a concrete monument on the Westerly boundary line of the 60-foot right-of-way of Sharer Road, then run South 89 degrees 36 minutes 37 seconds West 316.02 feet to a concrete monument and the point of curvature for a curve concave Southeasterly, then run along said curve having a radius of 70.00 feet and central angle of 10 degrees 04 minutes 04 seconds for an arc distance of 12.30 feet to a concrete monument and the point of compound curvature for a curve concave to the Southeasterly, then along said curve having a radius of 1141.88 feet and a central angle of 15 degrees 23 minutes 16 seconds for an arc distance of 306.67 feet to a concrete monument and the POINT OF BEGINNING. From said POINT OF BEGINNING continue along said curve having a radius of 1141.88 feet and a central angle of 04 degrees 34 minutes 19 seconds for an arc distance of 91.12 feet to a concrete monument and a point of tangency, then South 59 degrees 34 minutes 58 seconds West 261.52 feet to a concrete monument and the point of curvature for a curve concave Northwesterly, then along said curve having a radius of 128.43 feet and a central angle of 30 degrees 22 minutes 43 seconds for an arc distance of 68.09 feet to a concrete monument, then North 00 degrees 16 minutes 19 seconds West 18.83 feet to a concrete monument, then North 89 degrees 17 minutes 21 seconds West along the South boundary of the North 50.14 acres, more or less, of Government Lot 5 in said Section 14, 678.50 feet to a concrete monument on the Southerly projection of the East boundary of that parcel of land described in Official Record Book 573, page 164 of the Public Records of Leon County, Florida, then North 00 degrees 50 minutes 42 seconds West along said projection and said East boundary line and along the East boundary lines of those parcels of land described in Deed Book 217, page 75 and Deed Book 213, page 489 of said Public Records 953.86 feet to an iron pipe and the Northeast corner of last said parcel, then South 89 degrees 05 minutes West along the North boundary of last said parcel 203.11 feet to a concrete monument on the Southeasterly right-of-way line of relocated Lake Shore Drive (being part of the right-of-way of State Road No. 8, Interstate 10), then along said State Road No. 8 right-of-way line as follows:

North 26 degrees 44 minutes 37 seconds East 130.70 feet to an iron pin, then

South 86 degrees 06 minutes 45 seconds East 319.60 feet to a concrete monument, then

North 33 degrees 14 minutes 19 seconds East 100.00 feet to a concrete monument, then

North 38 degrees 12 minutes 55 seconds West 221.88 feet to a concrete monument, then

North 70 degrees 33 minutes 03 seconds East 734.00 feet to a concrete monument, then leaving said State Road No. 8 right-of-way line run South 11 degrees 25 minutes 14 seconds East 1410.06 feet to the POINT OF BEGINNING, containing 29.720 acres more or less; said parcel of land lying and being situated in Government Lots 5 and 6 of Fractional Section 14, Township 1 North, Range 1 West, Leon County, Florida.

(b) Permit Requirements.

No permits are required under provisions of this rule for any work which does not connect directly to the waters lying within the lands described above.
All requirements of this chapter pertaining to works of the District apply to the impoundment described above.
No construction of any ditch, levee, structure, or other work shall connect to or withdraw water from the above-described impoundment without the written permission of the Governing Board.

(2) The structures, impoundment, streams, and other watercourses, together with the appurtenant facilities and accompanying lands described below which are within the Megginnis Creek-Megginnis Arm area of Leon County.

(a) Begin at an old 4-inch by 6-inch concrete monument marking the Southwest corner of Government Lot No. 1, Section 14, Township 1 North, Range 1 West, Leon County, Florida, and run North 00º 41' 45'' West (Bearing Base) along the West boundary of said Lot 1 1212.43 feet to the South boundary of the Calvin Berry tract of land described in Official Record Book 156 at page 506, Public Records of Leon County, Florida, thence along the South and East boundary of said tract as follows: South 65º 58' East 16.87 feet, thence South 00º 22' East 13.05 feet to the Easterly bank of a drainage ditch or canal, thence leaving the boundaries of said Berry tract run Southeasterly and Southwesterly along a meander line of the East bank of a drainage ditch or a canal as follows:

South 70º 23' 52'' East 123.57 feet

South 59º 25' 16'' East 215.28 feet

South 51º 27' 16'' East 125.99 feet

South 16º 29' 38'' East 107.89 feet

South 35º 12' 46'' East 127.07 feet

South 05º 40' 44'' West 49.24 feet

South 48º 40' 53'' West 219.24 feet

South 01º 24' 32'' East 210.32 feet to a projection of the North boundary line of the W. E. Brackin tract of land as described in Official Record Book 136 at page 344, Public Records of Leon County, Florida, thence along said projection, along the West boundary and along a projection of the South boundary of said Brackin tract as follows: South 58º 37' East 29.22 feet, South 01º 05' 03´´ West 229.80 feet, North 58º 34' West 0.60 feet to the East bank of a drainage ditch or canal, thence South 04º 58' 21'' East along said East bank 28.88 feet to the North right-of-way line of State Road 8 (I-10), thence along said right-of-way line as follows: South 83º 11' 10'' West 46.47 feet, thence South 06º 48' 50'' East 71.85 feet to the South boundary line of said Government Lot No. 1, thence South 89º 43' 46'' West along said South boundary line 325.63 feet to the POINT OF BEGINNING, containing 9.954 acres, more or less: The above described property being subject to a portion of a 60-foot wide drainage easement as described in Deed Book 250 at page 502, Public Records of Leon County, Florida.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.084, 373.085, 373.086, 373.103, 373.139, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 10-29-80, 1-9-86, Formerly 16G-6.06, Amended 7-1-98.

Fla. Admin. Code R. 40A-6.101 Content of Application

(1) All permit applications under this chapter shall be filed with the Governing Board on NWFWMD Form No. 67 “Northwest Florida Water Management District Works of the District Permit Application”(effective August 1, 2013), which is hereby incorporated by reference. Copies of the form may be obtained from http://www.flrules.org/Gateway/Reference.asp?No=Ref-02970 or the District’s website www.nwfwmd.state.fl.us. All applications shall be signed by the owner, lessee, or their authorized agent, of the land included in or adjacent to that portion of the works of the District involved in the proposal or by the owner, lessee, or their authorized agent, of the land served if the proposal is a drainage or withdrawal.

(2) Each permit application shall include:

(a) The name and address of the applicant;

(b) The name and address of the owner or owners of the land upon which the construction or alteration is to take place;

(d) Plans and specifications;

(e) The name and address of the person who prepared the plans and specifications;

(f) The name and address, when available, of the person who will construct the proposed work; and

(g) The name and address of adjacent property owners within 1,000 feet of the proposed work.

(3) A request for additional information will be submitted to the applicant as soon as possible, but in no case later than 30 days following receipt of the application. The request will contain a list of all information required to complete action on the permit. Final action on the application will be taken within 60 days following receipt of all required information or a request from the applicant to consider the application complete and to begin processing.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, 8-6-13.

Fla. Admin. Code R. 40A-6.201 Permit Processing Fee

The processing fee for a Works of the District application will be determined by the actual costs of processing the application, with a minimum cost of $250 for an individual permit.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.109 FS. History–New 4-14-80, Formerly 16G-6.10, Amended 8-1-89, 1-1-90, 4-17-18.

Fla. Admin. Code R. 40A-6.301 Conditions for Issuance of Permits

(1) The issuance of a permit is dependent upon:

(a) The application being in the proper form and containing the required information; and

(b) The proposed construction, repair, abandonment, alteration, or removal being in accordance with applicable laws, rules, and orders.

(2) A permit shall not be granted for any use of works of the District which will adversely affect such works or interfere with or impose hardships upon the District’s operation, maintenance, or construction activities.

(3) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with generally accepted engineering practices.

(4) The project shall not damage lands not owned, leased, or otherwise controlled by the applicant.

History

Rulemaking Authority 373.044, 373.103(4), 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.103(4), 373.085, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, Formerly 16G-6.30, Amended 4-17-18.

Fla. Admin. Code R. 40A-6.321 Duration of Permits

History

Rulemaking Authority 373.044, 373.113, 373171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416, 373.426 FS. History–New 4-14-80, Repealed 8-6-13.

Fla. Admin. Code R. 40A-6.331 Revocation and Modification of Permits

(1) The Board shall revoke or modify a permit pursuant to Sections 373.429 and 373.436, F.S., or at any time if it determines that the permitted work or works has become a danger to the public health or safety; violates the conditions of the permit; or upon request of the holder of the permit.

(2) Before any revocation or modification, the Board shall give written notification thereof by registered or certified mail to all affected persons. Such notification shall contain a statement of the reasons why the permit may be revoked or modified, and reference to any applicable District regulation, order, or permit condition. An affected person may file a written petition no later than fourteen (14) days after notice of proposed revocation or modification is served for a hearing in accordance with Chapter 120, F.S. No permit shall be revoked or modified before an affected person is afforded an opportunity for a hearing.

(3) Failure to perform the construction authorized within the construction period shown on the permit shall serve to revoke the permit unless an extension is granted by the Governing Board.

(4) If the Executive Director determines that the continued exercise of the permit endangers lives or property, he shall, with the concurrence of the Governing Board, order a temporary suspension of the construction, alteration, repair, or operation of the work or works until the hearing is concluded, or take such action as authorized under Rule 40A-6.481, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.085(1), 373.119, 373.413, 373.416, 373.426, 373.429, 373.436 FS. History–New 4-14-80, Formerly 16G-6.33, Amended 8-6-13.

Fla. Admin. Code R. 40A-6.351 Transfer of Permits

(1) Upon notice that the ownership of the land adjacent to that portion of the project works involved in the permit, or the land served if the permit is a drainage or withdrawal connection, has changed, the permit shall be transferred to the new owner. Until properly transferred, the original owner shall remain responsible for the proper operation and maintenance of the facility.

(2) If not properly transferred within 30 days of the sale of the facility or lands on which the facility is located, the permittee shall inform the transferee of the use limitations associated with the permitted facility. The transferee shall execute an affidavit acknowledging his awareness of the conditions and restrictions associated with the permit issued by the District.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416(2), 373.426 FS. History–New 4-14-80, Formerly 16G-6.35, Amended 8-6-13.

Fla. Admin. Code R. 40A-6.381 Limiting Conditions

Each permittee under this chapter shall be required:

(1) To abide by the conditions of the permit issued to him;

(2) To maintain any permitted use in a good and safe condition;

(3) To allow inspection at any time by District personnel of any use established under the permit;

(4) To take all reasonable measures to prevent the discharge of debris or aquatic plants into the works of the District;

(5) To accept full responsibility for any erosion to or shoaling in any work of the District caused by the permittee’s use thereof and to repair or remove same without cost to the District;

(6) To maintain any permitted structures in a safe condition at all times;

(7) To plant no trees or shrubs or to erect no structures that will prohibit access of District equipment or vehicles unless specific authorization is obtained in writing from the District;

(8) To assure that discharges of water are, as a minimum, of such quality that will not degrade the quality of the receiving body or will meet the standards of the Department of Environmental Protection for the receiving body, whichever is higher.

History

Rulemaking Authority 373.044 FS. Law Implemented 373.044, 373.085(1), 373.443 FS. History–New 4-14-80.

Fla. Admin. Code R. 40A-6.411 Completion Reports

Within thirty (30) days after the completion of construction or alteration for which a permit was granted by the Governing Board, the permittee shall file with the District a written statement of completion along with as-built drawings.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.419 FS. History–New 4-14-80, Formerly 16G-6.41.

Fla. Admin. Code R. 40A-6.451 Emergency Authorization

(1) A letter of authorization from the Executive Director, with the concurrence of the Governing Board, for emergency use of the works of the District may be obtained prior to issuance of a permit if the delay of normal procedures would endanger lives or property.

(2) A completion report shall be filed in accordance with Rule 40A-6.411, F.A.C., above.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.119, 373.439 FS. History–New 4-14-80, Formerly 16G-6.45, Amended 4-17-18.

Fla. Admin. Code R. 40A-6.461 Inspections

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.423 FS. History–New 4-14-80, Formerly 16G-6.46, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-6.481 Remedial and Emergency Measures

(1) Upon completion of any inspection provided for by Section 373.423, F.S., the Executive Director shall determine if any alterations or repairs are necessary in order to comply with the provisions of Chapter 373, F.S., or any regulations, permit, or order issued thereunder, and order that such alterations or repairs shall be made within a time certain, which shall be a reasonable time. The owner of such work or works shall be served with the order to make such alterations or repairs. The owner of such work or works may file a written petition within fourteen (14) days after such order is served for a hearing in accordance with Chapter 120, F.S. If, after such order becomes final, the owner of such work or works shall fail to make the specified alterations or repairs, the Board shall, cause such alterations or repairs to be made or employ other means as necessary to protect public safety as authorized by Section 373.439, F.S.

(2) In the event that the requirements or interests of the District indicate that the alteration, repair, or removal of any structure or work installed by the permittee within works of the District is necessary, sixty (60) days written notice shall be given to the affected permittee. The affected permittee may file a written petition for a hearing under provisions of Chapter 120, F.S. Such petition shall be filed no later than fourteen (14) days after notice of alteration, repair, or removal is served. Should the permittee fail or refuse to alter, repair, or remove the structure or work, the costs incident thereto shall be paid by the permittee.

(3) Structures or works installed by the permittees within works of the District are subject to immediate alteration, repair, or removal without sixty (60) days written notice or prior hearing if an emergency condition exists and the continued exercise of the permit authorization might endanger lives or property. In such emergency situations, the District will notify permittees, if practical, of the action required. Failure of the permittee to carry out such emergency action when notified will be cause for immediate cancellation of the permit (or alteration, repair, or removal of structures or works for which the permit was issued). The affected permittee shall comply immediately with emergency orders, but, upon written petition to the Board, shall be afforded a hearing as soon as possible, but in no event later than thirty (30) days from the receipt of such petition by the Board.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.119, 373.436, 373.439 FS. History–New 4-14-80, Formerly 16G-6.48, Amended 8-6-13.

Fla. Admin. Code R. 40A-6.491 Unlawful Use

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.085 FS. History–New 4-14-80, Formerly 16G-6.49, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-6.901 Forms and Instructions

Application for a permit under provisions of this chapter shall be submitted on NWFWMD Form No. 67, which may be obtained from the Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333-9700, (850) 539-5999, which is hereby incorporated by reference. Copies can also be obtained at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02970, or the District’s website www.nwfwmd.state.fl.us.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.084, 373.085, 373.413, 373.416, 373.426 FS. History–New 4-14-80, Amended 2-1-82, 8-6-13.

Chapter 40A-7 CONTRACTOR SUSPENSION

Fla. Admin. Code R. 40A-7.001 Policy

(1) This chapter establishes the policy and procedure for suspending a contractor from working with the District, either temporarily or permanently, when a contractor materially breaches a contract with the District.

(2) The District’s objective in enacting this chapter is to serve as a good steward of taxpayer funds and encourage business practices that require contractors to materially perform in accordance with the terms and conditions of the District contract.

(3) The District Governing Board shall be authorized to temporarily or permanently suspend a contractor from doing business with the District, based upon a determination that the contractor has materially breached its contract with the District. The Governing Board may elect not to take action.

(4) By temporarily or permanently suspending a contractor from doing business with the District, the District does not waive any other legal or equitable remedies for breach of contract.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 8-13-20.

Fla. Admin. Code R. 40A-7.002 Definitions

When used in this chapter:

(1) “Contractor” means an individual, partnership, corporation, joint venture, professional association, an obligor to a third party beneficiary contract, or any other legal entity, including any associated principals, that has entered into a contract with the District for the performance of work. Contractor shall not include recipients of District grant funds.

(2) “District” means the Northwest Florida Water Management District.

(3) “Notice to Defaulting Contractor” means a written notification from the District to a contractor stating that the contractor materially breached a contract with the District for the purposes of this chapter and is being referred to the Governing Board for a determination as to whether the contractor should be placed on the District’s Temporary or Permanent Suspension List.

(4) “Obligor” means an entity that has promised or is otherwise legally obligated to perform an act or deed for the benefit of a third party beneficiary. Obligors to the District include but are not limited to insurance companies and surety companies.

(5) “Principal(s)” means a sole proprietor, partner, owner, officer, or director of the contractor that materially breached a District contract.

(6) “Re-procurement costs” means the total amount of additional expense, which may include administrative costs or attorney’s fees, that the District has or will incur in order to obtain substitute goods or services from another contractor to complete the requirements that the defaulting contractor failed to perform in accordance with the District contract.

(7) “Suspension Notice” means a written notification from the District informing a contractor that it has not been suspended from doing business with the District or informing a contractor that it has been placed on the District’s Suspension List and is temporarily or permanently suspended from doing business with the District.

(8) “Suspension List” means a list of contractors maintained by the District that are temporarily or permanently suspended from doing business with the District.

(9) “Third-party beneficiary” means whenever the District is the intended beneficiary of a contract but is not a party to the contract.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History– New 8-13-20.

Fla. Admin. Code R. 40A-7.003 Determination and Notice of a Material Breach of a Contract with the District

(1) For the purposes of this chapter, the Project Manager or Contract Manager, or subsequently titled position, shall determine, in consultation with the District’s Executive Director and General Counsel, whether a contractor has materially breached a contract with the District.

(2) The determination that a contractor has materially breached a contract with the District shall be based upon a finding that the contractor acted in a manner that was inconsistent with the terms and conditions of the contract under circumstances not excused by the contract, and the action resulted in or involved one or more of the following conditions:

(a) An adverse economic impact to the District of greater than $10,000;

(b) A delay in the completion of a District project by more than 3 months;

(d) The contractor intentionally failing to comply with Florida public records laws;

(e) The contractor discriminating on the basis of race, color, creed, national origin, sex, age, or handicap;

(f) The contractor violating requirements of a District solicitation to ensure the fair award of District contracts, including price fixing between competitors, allocation of customers between competitors, and bid rigging;

(g) The contractor demonstrating willful or gross misconduct;

(h) The commission of a criminal offense, including public entity crimes as defined in Section 287.133(1)(g), F.S.;

(i) The commission of any act indicating a lack of business integrity or honesty; or,

(j) The contractor knowingly doing business with a suspended contractor.

(3) Upon determining that a contractor materially breached a District contract in accordance with the requirements of subsection 40A-7.003(2), F.A.C., the District will notify the contractor that the Governing Board will determine whether the contractor should be placed on the District’s Temporary or Permanent Suspension List by mailing a Notice to Defaulting Contractor sent Certified U.S. Mail, return receipt requested. The Notice to Defaulting Contractor shall be mailed to the contractor at least 7 days prior to the Governing Board meeting.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 8-13-20.

Fla. Admin. Code R. 40A-7.004 Determination and Notice of a Contractor Suspension

(1) Once the District has mailed a Notice to Defaulting Contractor to the contractor, the Governing Board shall determine whether the contractor should be suspended from doing business with the District, and if suspended, the duration of the suspension.

(2) When determining whether a contractor should be temporarily suspended from doing business with the District for a period of time of 1 year, the Governing Board shall consider whether:

(a) The material breach resulted in an adverse economic impact to the District of less than $50,000;

(b) The material breach resulted in a delay in the completion of a District project of less than 1 year;

(d) The contractor failed to comply with Florida public records laws;

(e) The contractor committed a material breach which involved discrimination on the basis of race, color, creed, national origin, sex, age, or handicap;

(f) The contractor committed a material breach which involved willful or gross misconduct;

(g) The District has terminated any other District contracts with the contractor due to the contractor’s material breach within the past 5 years;

(h) The contractor committed a material breach which involved the commission of any act indicating a lack of business integrity or honesty;

(i) The contractor committed a material breach which involved knowingly doing business with a suspended contractor; or

(j) The contractor has materially breached a contract with the District on more than one occasion within the last 3 calendar years by having financial consequences imposed by the District or having forfeited a portion or all of a performance bond.

(3) When making a determination whether a contractor should be permanently suspended from doing business with the District, the Governing Board shall consider, in addition to those criteria in subsection (2) above, whether:

(a) The material breach resulted in an adverse economic impact to the District of $50,000 or more;

(b) The material breach resulted in a delay in the completion of a District project of 1 year or more;

(c) The contractor violated a District solicitation to ensure the fair award of District contracts, including price fixing between competitors, allocation of customers between competitors, and bid rigging; or,

(d) The contractor committed a material breach which involved the commission of a criminal offense, including public entity crimes as defined in Section 287.133(1)(g), F.S.;

(4) The District shall mail to the contractor a Suspension Notice by Certified U.S. Mail, return receipt requested, upon the Governing Board’s determination that the contractor will not be suspended or has been temporarily or permanently suspended from doing business with the District. The Suspension Notice shall specify the basis for the Governing Board’s determination and the duration of any suspension. The Suspension Notice shall inform the contractor that its principals shall not do business with the District under a different name or form a new legal entity in order to do business with the District while the contractor remains on the Suspension List.

(5) The conditions for reinstatement for a contractor placed on the Temporary Suspension List shall be:

(a) The contractor shall make a written request to the District for reinstatement;

(b) The contractor’s temporary suspension period must be completed; and

(c) The contractor shall have reimbursed the District for all re-procurement costs incurred by the District resulting from the contractor’s breach.

(6) Contractors that are placed on the Permanent Suspension List will be permanently suspended from doing business with the District.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 8-13-20.

Fla. Admin. Code R. 40A-7.005 Administrative Hearings

The Suspension Notice shall constitute final agency action subject to the provisions of Chapter 120, F.S.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 8-13-20.

Chapter 40A-8 MINIMUM FLOWS AND MINIMUM WATER LEVELS

Fla. Admin. Code R. 40A-8.011 Policy and Purpose

(1) This chapter establishes minimum flows and minimum water levels for surface waters, and minimum water levels for groundwater at specific locations within the Northwest Florida Water Management District.

(2) In establishing minimum flows and minimum water levels, the Governing Board shall use the best information available to establish limits at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(3) Minimum flows and minimum water levels prescribed in this chapter are used as a criteria for imposing limitations on withdrawals of groundwater and surface water and for reviewing proposed surface water management and storage systems and stormwater management systems.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421 FS. History–New 6-12-19.

Fla. Admin. Code R. 40A-8.021 Definitions

(1) “Minimum flow” means the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(2) “St. Marks River” means the riverine waterbody that originates in eastern Leon County and flows south discharging into Apalachee Bay in Wakulla County.

(3) “St. Marks River Near Newport, FL” means USGS Station 02326900 located on the St. Marks River in Wakulla County.

(4) “St. Marks River Near Woodville, FL Estimated Daily Flow” means the best available estimate by the District of the daily flow at USGS Station 02326885, District Station 9257, or its successor, located on the St. Marks River in Leon County.

(5) “St. Marks River Rise” means the first magnitude spring located within Leon County on the St. Marks River at 30 degrees 16 minutes 34 seconds north latitude and 84 degrees 8 minutes 56 seconds west longitude.

(6) “Average Daily Flow” means the arithmetic average of all discharge data points during a calendar day.

(7) “Wakulla Spring” means the first magnitude spring located within Wakulla County on the Wakulla River at 84 degrees 18 minutes 10.3 seconds north latitude and 30 degrees 14 minutes 6.7 seconds west longitude.

(8) “Sally Ward Spring” means the second magnitude spring located within Wakulla County at 84 degrees 18 minutes 38.9 seconds north latitude and 30 degrees 14 minutes 29.0 seconds west longitude.

(9) “Wakulla Spring Daily Flow” means the Average Daily Flow at District Station 749, or its successor. This data is incorporated by reference, effective May 18, 2021, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13085 and upon request from the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333.

(10) “Wakulla Spring Average Flow” means the average of the Wakulla Spring Daily Flow between October 23, 2004, and December 31, 2019.

(11) “Sally Ward Spring Average Flow” means the average of the manual flow measurements at District Station 774, or its successor, from October 23, 2004, through December 31, 2019. This data is incorporated by reference, effective May 18, 2021, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13086 and upon request from the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333.

(12) “Middle Econfina Creek” means the portion of Econfina Creek between County Road 388 in Bay County, Florida and the Williford Spring Group in Washington County, Florida.

(13) “Gainer Spring Group” means the first magnitude spring group and associated spring runs located in Bay County at 30 degrees 25 minutes 38.7258 seconds north latitude and -85 degrees 32 minutes 53.7144 seconds west longitude.

(14) “Sylvan Spring Group” means the second magnitude spring group and associated spring run located in Washington County at 30 degrees 25 minutes 54.624 seconds north latitude and -85 degrees 32 minutes 53.7822 seconds west longitude.

(15) “Williford Spring Group” means the second magnitude spring group and associated spring run located in Washington County at 30 degrees 26 minutes 22.401 seconds north latitude and -85 degrees 32 minutes 51.342 seconds west longitude.

(16) “Middle Econfina Creek Average Flow” means the average of Middle Econfina Creek Daily Flow for the most recent 30 years of record. The Middle Econfina Creek Average Flow is inclusive of combined and undivided flow contributions from the Gainer Spring Group, Sylvan Spring Group, and Williford Spring Group.

(17) “Middle Econfina Creek Daily Flow” means the Average Daily Flow at USGS Station 02359500 (Econfina Creek Near Bennett, Fla.), or its successor located along Econfina Creek in Bay County, Florida.

(18) “Middle Econfina Creek Average Baseline Flow” means the average of Middle Econfina Creek Daily Flow between October 1,1935, and October 14, 2023, adjusted to account for withdrawal impacts.

(19) “Jackson Blue Spring” is the first magnitude spring located in Jackson County at 30 degrees 47 minutes 25.8536 seconds north latitude and -85 degrees 08 minutes 24.3181 seconds west longitude.

(20) “Jackson Blue Spring Median Flow” means the median of Jackson Blue Spring Daily Flow beginning on January 1, 2005, and extending through present or for the most recent 30 years of record, whichever is shorter.

(21) “Jackson Blue Spring Daily Flow” means the average daily flow at Northwest Florida Water Management District Station 005042 (Jackson Blue Spring), or its successor located in Jackson County, Florida.

(22) “Jackson Blue Spring Median Baseline Flow” means the median of Jackson Blue Spring Daily Flow values between January 1, 2005, and December 31, 2024, adjusted to remove the impacts of groundwater withdrawals.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042 FS. History–New 6-12-19, Amended 5-18-21, 6-29-25, 4-28-26.

Fla. Admin. Code R. 40A-8.031 Minimum Flow for the St. Marks River Rise

The Governing Board hereby establishes the following minimum flow. The Governing Board finds that the following minimum flow is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

The minimum flow for St. Marks River Rise is established as an allowable reduction of 33 cubic feet per second from the baseline period average daily spring flow. The baseline period is October 1, 1956 to November 27, 2017. The average daily spring flow is calculated as the difference between the surface water flow measured at St. Marks River Near Newport, FL and the St. Marks River Near Woodville, FL Estimated Daily Flow. The most recent 30-year period of average daily spring flows is used to evaluate whether the minimum flow is met.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History–New 6-12-19.

Fla. Admin. Code R. 40A-8.041 Minimum Flow for Wakulla Spring and Sally Ward Spring

The minimum flow for Wakulla Spring and Sally Ward Spring, combined and undivided, is 539 cubic feet per second and is calculated as the sum of the Wakulla Spring Average Flow and the Sally Ward Spring Average Flow. The minimum flow of 539 cubic feet per second represents an allowable flow reduction of 9.9%, or 59 cubic feet per second, from the baseline period value of 598 cubic feet per second. The baseline period is October 23, 2004, to December 31, 2019.

The District will evaluate the minimum flow for Wakulla Spring and Sally Ward Spring every five years as part of the regional water supply planning process to determine the extent to which the sum of the Wakulla Spring Average Flow and the Sally Ward Spring Average Flow has been reduced due to withdrawals as of the date of each evaluation. Each evaluation will be completed using flows beginning on October 23, 2004, and include a review of:

(a) Flow data;

(b) Water withdrawals;

(d) Rainfall data.

Each evaluation is independent from and not a determination of water use permit compliance or environmental resource permit compliance. Permit compliance is a regulatory function that is not within the scope of this subsection.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History‒New 5-18-21.

Fla. Admin. Code R. 40A-8.051 Minimum Flow for Middle Econfina Creek, Including the Gainer Springs, Sylvan Spring, and Williford Spring Groups

The minimum Middle Econfina Creek Average Flow, inclusive of Gainer Spring, Williford Spring, and Sylvan Spring Groups, is 486 cubic feet per second. The minimum flow of 486 cubic feet per second represents an allowable flow reduction of 9.5%, or 51 cubic feet per second, from the Middle Econfina Creek Average Baseline Flow of 537 cubic feet per second.

The District will evaluate the minimum flow for the Middle Econfina Creek every five years as part of the regional water supply planning process to determine the extent to which the Middle Econfina Creek Average Flow has been reduced due to withdrawals as of the date of each evaluation. Each evaluation will include a review of:

(1) Flow data;

(2) Water withdrawals;

(3) Aquifer water levels; and

(4) Rainfall data.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History-New 6-29-25.

Fla. Admin. Code R. 40A-8.061 Minimum Flow for Jackson Blue Spring

(1) The minimum Jackson Blue Spring Median Flow is 92.2 cubic feet per second. The minimum flow of 92.2 cubic feet per second represents an allowable flow reduction of 10.7%, or 11.1 cubic feet per second, from the Jackson Blue Spring Median Baseline Flow of 103.3 cubic feet per second.

(2) The District will evaluate the minimum flow for Jackson Blue Spring every five years as part of the regional water supply planning process to determine the extent to which the Jackson Blue Spring Median Flow has been reduced due to withdrawals as of the date of each evaluation. Each evaluation will include a review of:

(a) Flow data;

(b) Water withdrawals;

(d) Rainfall data.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.103 FS. History-New 4-28-26.

Chapter 40A-21 WATER SHORTAGE PLAN

Fla. Admin. Code R. 40A-21.001 Policy and Purpose

(1) The procedures herein comprise the District’s Water Shortage Plan mandated by Chapter 373.246(1), F.S. The purposes of the plan are to protect the water resources of the District from serious harm; to assure equitable distribution of available water resources among all water users during times of shortage, consistent with the goals of minimizing adverse economic, social and health-related impacts; to provide advance knowledge of the means by which water apportionments and reductions will be made during times of shortage; and to promote greater security for water use permittees.

(2) These procedures apply to all water users in the District, including those exempt from permitting pursuant to Chapter 40A-2, F.A.C. However, this plan is not intended to apply to users whose source of water is limited solely to treated effluent or seawater. Thus, for each source, method of extraction or diversion and type of use, it is the policy of the District to restrict water users uniformly, regardless of whether the user utilizes water from a public or private utility system, a private well for domestic or individual home use, or any other type of water supply facility.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.031 Elements of the Plan

The Water Shortage Plan consists of the following elements.

(1) Part I. General. Part I outlines the general goals and objectives of the District in developing and adopting the Water Shortage Plan and provides definitions for key terms utilized in the plan.

(2) Part II. Declaring and Implementing a Water Shortage. Part II describes the procedures the District will utilize in declaring a water shortage. Provisions are made for comparing estimated present and anticipated water supplies with estimated present and anticipated user needs. The impact on the water resource, if demands are met from available supplies, is also evaluated. In addition, a method for expressing the severity of a water shortage in terms of four water shortage phases is provided. General user restrictions and variance procedures are established. Finally, procedures for implementing the water shortage declaration are provided.

(3) Part III. Emergency Provisions. Part III pertains to that condition when the restrictions imposed on water users during a water shortage declaration appear inadequate to sufficiently protect the water resource or individual users. At that time, the Executive Director with the concurrence of the Governing Board may declare a water shortage emergency and impose restrictions on individual users. Part III also describes the procedures for declaring such a water shortage emergency and describes the water use restrictions which could be imposed under emergency conditions.

(4) Part IV. Monitoring and Enforcement. Part IV describes the District’s overall program of monitoring surface and groundwaters, climatic conditions, and water demand during a water shortage. In addition, this part describes how the District, in conjunction with local law enforcement officials, will enforce the provisions of a declared water shortage or water shortage emergency.

(5) Part V. The Classification System. Part V classifies each user according to the source of water supply, type of water use and method of withdrawal. The classification system is utilized in conjunction with Parts II, III and VI to determine the water use restrictions with which users should comply.

(6) Part VI. Specific Restrictions. Part VI presents water use restrictions for each water shortage phase and water use class. Various combinations of these restrictions will be employed by the District to achieve the desired reduction in user demands during any phase of a water shortage. The ultimate combination of restrictions chosen will be described within the water shortage order(s) published by the District as described in Rule 40A-21.275, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.051 Definitions

When used in this plan:

(1) “Chemigation” means the introduction or application of chemicals (fertilizers, herbicides, fungicides, etc.) through an irrigation system.

(2) “Water Use Caution Area” means a geographic area officially designated, by rule or order, by the Governing Board that is experiencing, or is likely to experience within the next 20 years, source-specific water resource problems of a significant long-term or recurrent nature. Such a designation may result in the establishment of management levels in the area and other regulatory and monitoring activities, under current authority.

(3) “Even Numbered Address” means the house address, box number or rural route ending in the numbers 0, 2, 4, 6, 8 or the letters A – M. Post office box numbers are not included.

(4) “Even Numbered Days” means the days whose dates end in the numbers 0, 2, 4, 6 or 8. For purposes of this plan, each day will begin at 12:00 a.m.

(5) “Flood Irrigation” means the delivery of plant or crop irrigation water by the design and practice of the flowing of water over the surface to saturate the root zone, or, in specific applications, the raising of the level of ground water through the root zone or to the soil surface.

(6) “Low-Volume Irrigation” means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water use in mist houses and similar establishments for plant propagation and low volume hand watering/irrigation of plants or crops with one hose fitted with a self-cancelling or automatic shutoff nozzle. Overhead irrigation and flood irrigation are not included.

(7) “Low-Volume Mobile Equipment Washing” means the washing of mobile equipment with a “bucket” and “sponge” or a hose with a self-cancelling or automatic shutoff nozzle or both.

(8) “Low-Volume Pressure Cleaning” means pressure cleaning by means of equipment which is specifically designed to reduce the inflow volume as accepted by industry standards.

(9) “Management Level” means that potentiometric level or surface water level below which it has been determined that further declines could possibly cause water quality degradation or could interfere with any existing legal uses of water in the area according to the best hydrologic information available.

(10) “Method of Extraction or Diversion Class” means the type of facility or means of withdrawal from the water resource employed by the user. Method of extraction or diversion classes within the District are specified in Rule 40A-21.571, F.A.C.

(11) “Minimum Flow and Minimum Level” means that flow or level which is the limit at which further withdrawals from the surface water or ground water would be significantly harmful to the water resources or ecology of the area.

(12) “Mobile Equipment” means any public, private or commercial automobile, truck, trailer, railroad car, camper, boat, or any other type of similar equipment. The term shall not include sanitation or sludge vehicles or food vending or transporting vehicles.

(13) “Nursery Stock” means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering annual plants, aquatic plants, seeds, corns or tubers, grown or kept for propagation, distribution or sale.

(14) “Odd Numbered Address” means the house address, box number or rural route ending in the numbers 1, 3, 5, 7, 9 or the letters N – Z. Post office box numbers are not included.

(15) “Odd Numbered Days” means the days whose dates end in the numbers 1, 3, 5, 7 or 9. For purposes of this plan, each day will begin at 12:00 a.m.

(16) “Overhead Irrigation” means the use of equipment and devices which deliver water under pressure, through the air, above the level of the plant being irrigated.

(17) “Percent Reduction in Overall Water Use” means the total aggregate reduction from all water uses within a source class, regardless of the type of use or method of withdrawal, which is necessary to reduce estimated present and anticipated water use demand to estimate present and anticipated available water supply.

(18) “Plan” means the water shortage plan authorized in Section 373.246, F.S., and contained in this document.

(19) “Reclaimed Water” means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment facility.

(20) “Recycled Water” means runoff water collected from a site and which is stored for use.

(21) “Reuse” means the deliberate application of reclaimed water, in compliance with the Department of Environmental Regulation and District rules, for a beneficial purpose.

(22) “Source Class” means the specified water resource from which a user is obtaining water either directly or indirectly. Source classes within the District are specified in Rule 40A-21.531, F.A.C.

(23) “Traveling Volume Gun” means slow-moving, self-propelled irrigation systems whereby water is projected through nozzles onto a limited portion of a field, and which require manual repositioning after each pass.

(24) “Use Class” means the category describing the purpose for which the user is utilizing water. Use classes within the District are specified in Rule 40A-21.551, F.A.C.

(25) “User” means any person or entity which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under consumptive use permits issued pursuant to Chapter 40A-2, F.A.C., or uses from individual wells or pumps for domestic or individual home use.

(26) “Water Resource” means any and all water on or beneath the surface of the ground, including, water in natural or artificial water courses, lakes, ponds, impoundments, streams, or diffused surface water and water percolating, standing or flowing beneath the surface of the ground.

(27) “Water Shortage” means that situation within all or part of the District when water resources are insufficient to meet the needs of the users, or when conditions are such that, to protect the water resources of the designated area from serious harm, temporary reductions in use are necessary. A water shortage usually occurs as a result of a drought.

(28) “Water Shortage Emergency” means that situation when provisions under a water shortage declaration are not sufficient to protect the public health, safety, or welfare; the health of animals, fish or aquatic life; a public water supply; or commercial, industrial, agricultural, or other reasonable uses of water.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.221 Evaluating Water Conditions

(1) The District shall monitor the condition of the water resources in the District as provided in Rule 40A-21.401, F.A.C.

(2) Current data shall be compared to historical data to determine whether the estimated present and anticipated available water supply within any source class will be insufficient to meet the estimated present and anticipated demands of the users from the source class, or whether serious harm to the water resources can be expected. Factors that shall be considered in determining whether serious harm to the water resource may occur include:

(a) Potential for increased saltwater intrusion, upconing, or other ground water contamination;

(b) Potential for increases in drawdowns or cone of depressions which may affect nearby users or the resource;

(d) Other factors adversely impacting the water resources.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.231 Declaring a Water Shortage

(1) The District shall evaluate the condition of the water resources in the District as specified in Rule 40A-21.221, F.A.C.

(2) Prior to declaring a water shortage for a source class, the Board may issue a water shortage warning calling for voluntary reductions in use within that source class. The Board may elect to have the District staff coordinate the water shortage warning with local interest groups and other representatives of the various affected user classes as well as emergency preparedness and other related agencies and includes increased data monitoring and analysis. Delineation of the source class boundaries will be made by the best geographic means available.

(3) If the District determines that water levels have fallen below established management levels, if any, or that there is a possibility that insufficient water will be available within a source class to meet the user demands from that source, to meet the requirements of the permit system, or to protect the water resource from serious harm, the Board shall issue an order declaring a water shortage for the affected source class or classes. When the affected source extends beyond the District’s boundaries, the District will coordinate water shortage declarations with other appropriate agencies to the extent practicable.

(4) A water shortage shall also be declared for those source classes not presently experiencing a water shortage if usage from such sources can be reasonably expected to impact the present and anticipated available water supply in the source classes identified in subsection (3).

(5) If a water shortage is declared for a source class, the District shall estimate the percent reduction in overall water use required to protect the water resources from serious harm or to reduce usage such that established management levels, if any, are maintained to the greatest extent possible.

(6) When appropriate, the District shall designate source-specific Water Use Caution Areas in which more stringent monitoring or control of the resource is determined necessary. Within these areas, appropriate water users will be required to utilize reclaimed water unless it is demonstrated to the District’s satisfaction that reuse is not economically, environmentally or technically feasible.

(7) Upon the designation of a Water Use Caution Area the District may set management levels, if not already established for each affected source class in that area. If deemed necessary, the establishment of the management levels and the increased monitoring efforts will help to provide the District with a management framework which can be used to evaluate the impacts on the water resources by present and projected future users.

(8) Management levels may also be established by the District for source classes which are not in a Water Use Caution Area.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.251 Water Shortage Phases

This section establishes four phases of water shortage as a function of the estimated percent reduction in overall water use required to protect the water resources from serious harm or to reduce usage such that established management levels are maintained to the greatest extent possible.

(1) Each source class for which a water shortage has been declared shall be assigned a specific water shortage phase. The water shortage phase selected for a source class shall be based upon:

(a) The estimated percent reduction required in overall water use; and,

(b) For areas with multiple sources, the extent to which users have the capability to obtain water from a source or sources other than the source class for which a water shortage has been declared.

(2) The following water shortage phases are established:

Percent Reduction

Goal in Overall

Water Shortage Phase

Water Use Demand

I. Moderate Water Shortage

15%

II. Severe Water Shortage

30%

III. Extreme Water Shortage

45%

IV. Critical Water Shortage

60%

(3) If the Governing Board determines that greater than 60% reduction in water use is necessary, the Board will develop appropriate additional restrictions.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.271 Water Use Restrictions

(1) The Board, when appropriate, shall order the specific water use restrictions listed in Part VI for the appropriate water shortage phase for each affected source class. Further, the Board shall order restrictions in addition to those described in Rules 40A-21.621-.651, F.A.C. These changes shall be specified by use or method of extraction or diversion class within each source class to achieve the desired percent reduction in overall use.

(2) Additional conditions or restrictions which may be considered include:

(a) Provisions that facilitate the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board, providing for the mutual reduction, sharing, or rotation of use;

(b) Provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn;

(c) Provisions designed to maintain any management levels or minimum flows and minimum levels, established pursuant to Section 373.042, F.S.;

(d) Provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared;

(e) Provisions for monitoring water levels and determining chloride and other contaminant concentrations in order to protect against saltwater intrusion or other deterioration of water quality, including the closing or plugging of wells;

(f) Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year;

(g) Restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water;

(h) Restrictions on pumping rates and schedules or diversion rates and schedules; or,

(i) Such other provisions or restrictions as are necessary to protect the water resources from serious harm.

(3) If mandatory or other reductions on permittees are in effect at the time of a water shortage declaration, these restrictions will remain in effect unless the designated phase restrictions for that user class are greater. In that case, the more restrictive measures will be followed.

(4) Nothing herein shall limit any local, state, or federal agency from establishing more restrictive water use measures. If more stringent water conservation measures are promulgated by an appropriate governmental entity, those more restrictive water use requirements shall apply and be enforced by the particular government entity.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.

Fla. Admin. Code R. 40A-21.275 Variances

History

Rulemaking Authority 373.044, 373.113, 373.244, 373.246 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Repealed 3-27-19.

Fla. Admin. Code R. 40A-21.291 Implementing a Water Shortage Declaration

(1) When a water shortage is declared, or if already declared and a different level of restrictions is imposed, the Governing Board shall cause publication of a notice of declaration or restrictions. The notice shall be published at least once in a prominent place in a newspaper of general circulation in the affected areas of the water shortage. In addition, the District shall make reasonable effort to inform the general public of the restrictions in effect and the sources of supply which are affected. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas.

(2) The Governing Board shall cause notification by regular mail of each affected consumptive use permittee within the affected source class of any changes in the conditions of permits within the affected source class, any suspension of permits within the affected source class or any other restriction on uses of water within the affected source class.

(3) The District shall notify local governments in the affected area of any water shortage declaration. In addition, local law enforcement officials shall be notified as soon as possible of any water shortage declaration or change of restrictions in effect within their areas of jurisdiction.

(4) An order declaring a water shortage or imposing more severe restrictions shall become effective seven days after any notice required in subsection (1) is published. An order declaring a water shortage shall remain in effect until rescinded by the Board.

(5) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be rescinded by the Executive Director if the order rendering the Governing Board’s declaration of water shortage specifically delegates to the Executive Director the authority to rescind the existing water shortage restrictions.

(6) All decisions of the Executive Director made pursuant to this subsection shall be by order and subject to ratification by the Board at the next scheduled Board meeting.

(7) A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be rescinded by the Board.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.

Fla. Admin. Code R. 40A-21.331 Declaring a Water Shortage Emergency

(1) The District shall monitor the condition of the water resources of the District and the needs of the users as provided in Rule 40A-21.401, F.A.C., to determine whether a water shortage emergency exists. A water shortage emergency can occur under two situations: first, when specific users rather than classes of users must be restricted and second, when the emergency occurs so abruptly that immediate action is needed to restrict classes of users.

(2) Current data shall be evaluated to determine whether the present or anticipated water use demand of any user or class of users and the estimated present and anticipated available water supply will be insufficient for the protection of the public health, safety or welfare, or the health of animals, fish or aquatic life, a public water supply, or the minimum needs of commercial, industrial, agricultural, or other reasonable-beneficial uses.

(a) The present and anticipated available water supply shall be estimated. Factors that shall be considered include:

Those factors listed in Rule 40A-21.221, F.A.C.;
The ability to obtain water from other users;
The ability to obtain water from another source class; and
Other factors affecting the present and anticipated available water supply of a user.

(b) The potential for adverse impacts on the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural or other reasonable-beneficial uses shall be evaluated. Factors that shall be considered include:

Those factors listed in Rule 40A-21.221, F.A.C.;
The extent to which adverse impacts can be reduced by imposing additional restrictions on other users from the same source class;
The extent to which restricting other users from the same source class will create other adverse impacts;
If the user(s) affected is or includes a local governmental unit, the recommendations of its elected officials; and
Factors relating to public health, safety and welfare.

(3) If the provisions of a water shortage declaration are not sufficient to protect the public health, safety or welfare, the health of animals, fish or aquatic life, a public water supply, or commercial, industrial, agricultural, or other reasonable-beneficial uses, then the Executive Director, with the concurrence of the Governing Board, may declare a water shortage emergency for the affected users.

(4) If a water shortage emergency is declared for a class or classes of users, the Executive Director, with the concurrence of the Governing Board, shall define the restrictions needed to alleviate the emergency.

(5) The declaration of a water shortage emergency by the Executive Director, as provided in subsection 40A-21.331(3), F.A.C., shall be ratified, modified or rescinded by the Board at its next scheduled meeting.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.371 Water Use Restrictions in a Water Shortage Emergency

(1) When a water shortage emergency is declared and the Executive Director, with the concurrence of the Governing Board, issues orders imposing restrictions deemed necessary to meet the emergency, such restrictions may include: apportioning, rotating, limiting, or prohibiting the use of the water resources of the District.

(2) A water shortage emergency declaration shall identify all restrictions deemed necessary to meet the emergency. All users to whom an emergency order is directed will comply immediately, but may petition the Board for a hearing as set forth in Section 373.119, F.S.

(3) All restrictions ordered pursuant to the declaration of a water shortage emergency shall be in addition to, and enforced in combination with, any and all restrictions imposed under a water shortage declaration, unless specifically stated otherwise within the orders.

(4) All restrictions ordered pursuant to the declaration of a water shortage emergency by the Executive Director, as provided in Section 40A-21.331(3), F.A.C., will be subject to ratification, modification or elimination by the Board at its next scheduled meeting.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.391 Implementing a Water Shortage Emergency Declaration

(1) When a water shortage emergency is declared or if already declared and more severe restrictions are imposed, the District shall make reasonable effort to inform all users to whom an emergency order is directed of the existence of such order, and all associated restrictions, by the best, practicable means available under the circumstances. Particular attention shall be given to presenting this information in a form which is easily understood and applied by the citizens of the affected areas.

(2) The District shall make reasonable effort to notify each affected user of any change in the condition of his use, any suspension of his use, or any other restriction on his use by any means reasonable under the circumstances. When the Board concurs in and ratifies the Executive Director’s action, affected permittees shall be notified as provided in subsection 40A-21.291(2), F.A.C.

(3) The District shall notify local government officials of any water shortage emergency declaration. Notice shall be by the best, practicable means under the circumstances. In addition, local law enforcement officials shall be notified as soon as possible of any water shortage emergency declaration or change of restrictions affecting their areas of jurisdiction.

(4) The declaration of a water shortage emergency and any measures adopted pursuant thereto may be modified or rescinded by the Executive Director, with the concurrence of the Governing Board, and later ratified, modified, or rescinded, by the Board at its next scheduled meeting or at any following meeting.

(5) An order declaring a water shortage emergency and any measures adopted pursuant thereto shall become effective upon issuance, unless otherwise specified in the order. An order declaring a water shortage emergency and any measures adopted pursuant thereto shall remain in effect until modified or rescinded pursuant to subsection (4).

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.401 Monitoring

(1) This section applies to the collection and analysis of data which the District may undertake in anticipation of and during a declared water shortage or water shortage emergency. Data obtained from monitoring efforts may be used to determine:

(a) Whether a water shortage warning should be issued;

(b) Whether an area should be designated a Water Use Caution Area;

(d) Whether a water shortage emergency should be declared;

(e) Whether existing restrictions are needed or are sufficient to protect the water resources and users within the affected area, in light of existing and anticipated climatological and hydrologic conditions;

(f) Whether the restrictions in effect require additional enforcement efforts; or,

(g) Whether the restrictions in effect may be rescinded.

(2) Data may be obtained from any reliable source available, including:

(a) The District, including information on permitted quantities, relevant pumpage and meter records, general hydrological, meteorological, and biological information and all other relevant information;

(b) Other water management districts;

(d) Any local, state, or federal agency;

(e) Any other source available.

(3) Resource Monitoring. When appropriate the District will collect and analyze data concerning any aspect of the water resource. Data which may be collected include:

(a) Any existing management levels;

(b) Historical, current, and anticipated levels in surface and ground waters, including potentiometric heads in unconfined, confined, and semi-confined aquifers;

(d) Historic, current and anticipated water quality in surface and ground waters;

(e) The extent to which water may be transferred from one source class to another;

(f) The extent to which present water use restrictions may enhance future supplies or postpone more stringent restrictions;

(g) Historical, current, and anticipated demand of natural systems, including losses due to evapotranspiration and seepage and needs of fish and wildlife;

(h) Historic, current, and anticipated seasonal fluctuations in rainfall;

(i) Other water quantity and quality factors affecting present and anticipated available water supply.

(4) Demand Monitoring. When appropriate, the District will collect and analyze data concerning any aspect of user demand upon the water resources. Data which may be collected include:

(a) Historical and estimated current and anticipated water use of permitted users;

(b) Historical and estimated current and anticipated water use of users exempt from permitting, but subject to the provisions of the water shortage plan;

(d) The extent to which user demands may be met from other source classes; and

(e) Other factors affecting present and anticipated water use.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.421 Enforcement

(1) It is the policy of the District to seek the cooperation and assistance of the state, county and municipal governmental officials, and law enforcement officials in the enforcement of the water shortage plan or water shortage emergency or any water shortage order issued pursuant thereto. Counties and municipalities within the jurisdiction of the District are encouraged to adopt ordinances which provide for local enforcement of the provisions of this plan, or any order adopted pursuant thereto. It shall be the policy of the District to encourage local law enforcement officials to provide violators of the water use restrictions with no more than one written warning during the initial phases of a water shortage or water shortage emergency.

(2) In enforcing the provisions of any water shortage order issued pursuant to this plan, the District may utilize any of the enforcement remedies available pursuant to Chapter 120 or 373, F.S.

(3) Enforcement action may be initiated by the Executive Director or his Designee pursuant to Section 373.603, F.S., against an individual violator or class of violators or all of the violators of a particular water shortage order issued pursuant to this plan.

(4) The Executive Director or his Designee may assign District personnel for the purpose of initiating enforcement action, pursuant to Section 373.603, F.S., against an individual violator or class of violators of any water shortage rule or order issued pursuant to this plan.

(5) In the event that a water shortage or water shortage emergency has been declared and the provisions of this plan have been invoked, the Executive Director, with the concurrence of the Governing Board, may thereafter take appropriate emergency action pursuant to Sections 373.175(4), 373.246(7) and 120.69, F.S., or Rule 40A-1.209, F.A.C., to enforce the provisions of this plan or any order issued pursuant thereto, or alleviate any emergency conditions which might thereafter occur. Such action shall be ratified, modified, or rescinded by the Board at its next scheduled meeting.

History

Rulemaking Authority 373.044, 373.113, 373.246, 373.603, 373.609 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.

Fla. Admin. Code R. 40A-21.511 Classification System

Unless the emergency provisions of this plan are invoked, water users are regulated by class under the provisions of this water shortage plan. This section establishes the Classification System which provides the basis for distinguishing among different user classes. Under the system, each water user is classified according to source, use, and method of extraction or diversion.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.531 Source Classes

(1) Each user may be classified according to ground or surface sources of water as described in Rule 40A-2.501, F.A.C.

(2) Those users who are required to obtain a Consumptive Use Permit under the provisions of Chapter 40A-2, F.A.C., will be assigned a source classification at the time the permit is issued.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.551 Use Classes

Each water user shall be given one or more of the following use classes regardless of whether the water is self-supplied or provided by a public water supply system.

(1) “Aesthetic Use” means the use of water for fountains, waterfalls, and landscape lakes and ponds where such uses are primarily ornamental and decorative.

(2) “Agricultural Irrigation Use” means the use of water for the commercial production of crops or the growing of farm products including: vegetables, citrus, pasture, nursery stock, turf grass and sod.

(3) “Aquacultural Use” means the use of water for the spawning, cultivating, harvesting or marketing of fin-fish, shellfish, crustaceans, frogs, turtles, alligators and other aquatic organisms that have a sport or other economic value.

(4) “Aquifer Restoration Use” means the withdrawal of water for the purpose of recovering contaminant(s) to restore or improve the quality of the water within an aquifer.

(5) “Commercial Use” means the use of water integral to the production of the primary goods or services provided by a business establishment, such as a car wash and laundromat.

(6) “Dewatering Use” means the removal of water from a specific area to facilitate mining or construction.

(7) “Diversion and Impoundment Into Non-District Facilities” means the diversion or extraction of water into non-District impoundments and delivery systems designed for purposes including maintaining structural integrity, providing agricultural water and other non-recreational non-aesthetic use.

(8) “Domestic Use” means any use of water for personal needs or for household purposes such as drinking, bathing, cooking, sanitation or cleaning, which occurs in a residence.

(9) “Essential Use” means use of water strictly for fire fighting purposes, health and medical purposes and the use of water to satisfy federal, state or local public health and safety requirements.

(10) “Freeze Protection” means the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures. This action would be taken in response to forecasts of freezing temperatures by official weather forecasting services.

(11) “Golf Course Irrigation Use” means water used to irrigate golf courses.

(12) “Heating and Cooling Use” means the use of water for heating, air-conditioning or other cooling uses.

(13) “Industrial Use” means the use of water integral to the production of the primary goods provided by a business establishment, and includes those many uses wherein the water serves the purposes of manufacturing, commerce, trade or industry.

(14) “Landscape Irrigation Use” means the outside watering of plants, shrubs, grass, trees, and other such flora in landscapes surrounding homes, non-commercial household gardens, industrial buildings, parks, recreational areas, cemeteries, public right-of-ways, and medians.

(15) “Livestock and Other Animal Use” means the use of water for drinking by or washing of livestock, including zoo animals.

(16) “Mining Use” means the use of water for extraction, transportation, or processing of minerals.

(17) “Navigation Use” means water discharged from ground or surface sources either to tide water or to downstream lakes or reaches of rivers or canals for the purpose of permitting or protecting boating activity.

(18) “Nursery Irrigation Use (Non-agricultural)” means the use of water on premises in which nursery plants are held for sale or distribution or shipment. The term does not apply to water used for production of nursery stock.

(19) “Other Outside Use” means the use of water outdoors for dust control, the maintenance, cleaning and washing of structures and mobile equipment including automobiles and the washing of streets, driveways, sidewalks and similar areas.

(20) “Other Public Supply Use” means the use of water in public drinking water systems not covered or included in the Florida Safe Drinking Water Act, rule of the Department of Health and Rehabilitative Services.

(21) “Perishable Food Processing” means industrial uses involving the processing of perishable foods.

(22) “Power Production Use” means the use of water for steam generation and the use of water for cooling and for replenishment of cooling reservoirs.

(23) “Public Supply Use” means water used for withdrawal, treatment, transmission and distribution by public water systems.

(24) “Recreation Area Irrigation Use” means the use of water for irrigating recreational areas such as football, baseball, or soccer fields, and playgrounds.

(25) “Sanitation” includes supplying water for toilet facilities and for cleaning, when the use occurs in a non-residence. This use DOES NOT include any use of water for personal needs, such as bathing, showering, use of lavatories, cooking, or drinking which occurs in a commercial or industrial establishment or any other type of non-residence.

(26) “Soil Flooding” means the use of water for the raising of water levels on agricultural lands for purposes not directly related to crop growth including soil preservation, crop harvesting and pest control.

(27) “Water Based Recreation Use” means water used for public or private swimming and wading pools, spas and other water-oriented recreation such as fishing, boating and water slides.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.

Fla. Admin. Code R. 40A-21.571 Method of Extraction or Diversion Classes

Each water user shall be identified by one or more of the following methods of extraction or withdrawal classes.

(1) Surface Waters:

(a) Pump,

(b) Gravity flow,

(2) Ground Waters:

(a) Flowing artesian well,

(b) Pumped well.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92, Amended 3-27-19.

Fla. Admin. Code R. 40A-21.601 Specific Restrictions

(1) Upon declaration of a water shortage or water shortage emergency, the use of water in a manner inconsistent with the restrictions specified in this plan, shall be prohibited. It shall be the duty of each water user to stay informed as to the phase of water shortage and the applicable restrictions for the phase. Violation of the restrictions specified in this plan is subject to enforcement action pursuant to Section 373.603, F.S., and Rule 40A-21.421, F.A.C. The specific restrictions specified in this plan are presented in Sections 21.621, 21.631, 21.641 and 21.651, F.S.

(2) Water users, when possible, shall maximize the use of water of the lowest acceptable water quality available, which includes the reuse of reclaimed water.

(3) Water users having access to more than one source class shall maximize the use of the lesser or least restricted source class and the lowest acceptable water quality of that source class.

(4) The use of reclaimed water is not restricted for all legitimate reuse activities. Irrigation sites using reclaimed water must include signs designed and located to inform the general public and District personnel of such use. When determined necessary and appropriate by the Governing Board, the District may require signs be posted identifying the use of reclaimed water for other uses.

(5) The use of recycled water from a holding pond(s) is allowed anytime provided the ponds are not augmented from wells or surface water sources.

(6) In addition to the restrictions specified in this plan, wasteful and unnecessary water use is prohibited regardless of the phase of water shortage. Such wasteful and unnecessary water use shall include, but not be limited to:

(a) Allowing water to be dispersed without any practical purpose to the water user, regardless of the type of water use;

(b) Allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use;

(c) Allowing water to be dispersed to accomplish a purpose for which water use is unnecessary or which can be readily accomplished through alternative methods of significantly less water use.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.621 Phase I: Moderate Water Shortage

A Phase I Water Shortage refers to a moderate shortage, whereby a reduction in overall user demand of up to 15 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the Governing Board in consultation with District staff, shall when necessary, implement other restrictions to achieve the required percent reduction in overall demand.

(1) Aesthetic Use (Fountains, Pond Water Level Maintenance, etc.).

(a) Outside use of water for aesthetic purposes is prohibited.

(b) Voluntary reduction in the inside use of water for aesthetic purposes is encouraged.

(2) Agricultural Irrigation Use.

(a) Low volume irrigation is not restricted.

(b) Overhead irrigation, except by traveling volume gun, will be restricted to the hours of 2:00 p.m. to 10:00 a.m.

(d) Irrigation of, or preparation for, planting new nursery plants is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment.

(e) All irrigation systems will be operated in a manner that will maximize the amount of water placed and held in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available to other users.

(f) Chemigation shall be coordinated with the irrigation schedules.

(g) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, shall be coordinated with the irrigation schedules.

(h) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and shall be limited to a maximum of once per week.

(i) Flood and seepage irrigation methods shall not have a tailwater discharge from the property.

(j) The voluntary use of other water conservation techniques is encouraged.

(3) Aquacultural Use.

Voluntary reduction in water use is encouraged.

(4) Aquifer Restoration Use.

The withdrawal of water shall be limited to the minimum necessary to efficiently operate the recovery system.

(5) Commercial Use.

(a) The use of fresh water shall be reduced to the greatest extent practicable by employing water conserving measures and water conserving devices.

(b) Off-site discharge shall be reduced or eliminated to the extent possible.

(d) Clean-up requiring water use shall be reduced to the minimum required to protect the efficiency of the operation and prevent damage to equipment.

(e) Reduce or suspend the washing of vehicles except for health and safety needs.

(f) Voluntary reductions in water used in other commercial processes are encouraged.

(6) Dewatering Use. Discharge of fresh water to tide is prohibited.

(7) Diversion & Impoundment into Non-District Facility. Voluntary reductions in diversions are encouraged.

(8) Domestic Use. Voluntary reduction of household domestic use to 60 gallons per person per day is encouraged.

(9) Essential Use.

(a) The use of water for firefighting and health or medical purposes is not restricted.

(b) Fire hydrant flushing and testing is restricted to that necessary for the protection of human health, safety, and welfare.

(10) Freeze Protection. Water use is limited to situations in which official weather forecast services predict freezing temperatures likely to cause permanent damage to crops.

(11) Golf Course Irrigation Use.

(a) Irrigation of greens and tees shall be reduced to the maximum extent practicable and shall be accomplished during non-daylight hours.

(b) Irrigation of fairways, roughs, and non-play areas on the front one half of the course(s) shall be restricted to the hours of 12:00 midnight to 8:00 a.m. on Monday, Wednesday, and Saturday.

(c) Irrigation of fairways, roughs, and non-play areas on the back one half of the course(s) shall be restricted to the hours of 12:00 midnight to 8:00 a.m. on Tuesday, Thursday, and Sunday.

(d) Irrigation of seeded or sprigged areas that have been in place for less than thirty days shall be allowed daily for 10 minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m.

(e) Reduce or suspend as possible, those horticultural practices which stimulate the need for increased irrigation.

(f) Chemigation shall be coordinated with the irrigation schedules.

(12) Heating and Cooling Use.

(a) The use of water is restricted to that necessary to maintain temperatures no colder than 68 degrees and no warmer than 78 degrees.

(b) Discharge of water from heating or cooling systems shall be limited to pervious surfaces.

(13) Industrial Process and Perishable Food Processing Uses. Voluntary reduction in water used in industrial processes is encouraged.

(14) Landscape Irrigation and Recreation Area Irrigation Use.

(a) Irrigation of new landscape (installed less than 30 days) is restricted to the hours of 12:00 a.m. to 8:00 a.m. Monday through Friday.

(b) Irrigation of established landscape at locations with odd numbered addresses is restricted to the hours of 12:00 a.m. to 8:00 a.m. on Monday, Wednesday, and Saturday.

(c) Irrigation of established landscape at locations with even numbered addresses or with no address is restricted to the hours of 12:00 a.m. to 8:00 a.m. on Tuesday, Thursday, and Sunday.

(d) Low volume watering of new and established landscaping is not restricted, but should be voluntarily reduced.

(e) Chemigation shall be coordinated with irrigation schedules.

(f) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, shall be coordinated with the irrigation schedules.

(g) The operation of irrigation systems for cleaning and maintenance shall be limited to the minimum necessary to maintain efficient operation of the system and shall be limited to a maximum of once per week.

(15) Livestock Use and Other Animal Use. Voluntary reduction in water use is encouraged.

(16) Mining Use.

(a) Impounded surface water shall be used to replace fresh water withdrawals wherever possible.

(b) Spraying for dust control shall be reduced to the minimum required for health and safety.

(17) Navigation Use. Requests may be made for additional releases from upstream impoundments.

(18) Nursery Irrigation Use (Non-agricultural).

(a) Voluntary reduction of water use by low volume irrigation methods (e.g., micro-irrigation) is encouraged.

(b) Overhead irrigation of nursery plants is restricted to the hours of 12:00 Noon to 1:00 p.m. and from 7:00 p.m. to 7:00 a.m. seven days a week.

(d) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, shall be coordinated with the irrigation schedules.

(e) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and shall be limited to a maximum of once per week.

(f) The use of flooding for irrigation purposes shall be limited to 8 days per month.

(19) Other Outside Uses.

(a) Washing or cleaning of streets, driveways, sidewalks, and other impervious surfaces is prohibited, except to meet federal, state or local health or safety standards.

(b) Non-commercial vehicle and mobile equipment washing is allowed on pervious surfaces only, during landscape irrigation hours, by low volume methods only.

(c) Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation. Boats with an odd slip number shall be permitted to be washed on Monday, Wednesday and Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Tuesday, Thursday and Sunday.

(d) Rinsing of boats and flushing of boat engines after use shall be limited to ten minutes a day.

(e) Outside pressure cleaning is allowed, using low volume processes only, seven days per week.

(20) Power Production Use.

(a) To the greatest extent practicable, power production from facilities utilizing the water source experiencing the shortage should be minimized while maximizing the use of facilities dependent on less affected water sources.

(b) Non-essential uses of water, plant cleaning, and water-cooled air conditioning shall be reduced or eliminated to the greatest extent possible.

(c) Power companies should encourage customers to reduce power consumption, so that they may reduce power generation, and in turn, reduce water consumption.

(d) Voluntary reductions in other water uses is encouraged.

(21) Public Supply Use.

(a) Initial pressure at the point of use (meter) will be reduced by 15% where it is operationally feasible to do so. Prior to the reduction of pressure, the utility will notify the appropriate firefighting agencies and make arrangements for direct communication when additional pressure is required.

(b) Utilities shall institute, as appropriate, conservation measures such as improving and accelerating leak detection surveys and repair programs, and installing and calibrating meters.

(22) Sanitation and Other Public Supply Uses. Voluntary reduction in water use by 15% is encouraged.

(23) Soil Flooding Use.

(a) Flooding is prohibited for pest control and soil preservation.

(b) Voluntary reductions in water used for sod-flooding to permit harvesting is encouraged.

(24) Water Based Recreation Use.

(a) Filling is permitted for new and existing facilities, but should be voluntarily reduced.

(b) Makeup water is permitted for new and existing facilities, but should be voluntarily reduced.

(d) Voluntary reductions in water used for other aspects of Water based recreation is encouraged.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.631 Phase II: Severe Water Shortage

A Phase II Water Shortage refers to a severe shortage, whereby a reduction in overall user demand of up to 30 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety and welfare. In addition to the following restrictions, the Governing Board in consultation with District staff, shall when necessary, implement other restrictions to achieve the required percent reduction in overall demand.

(1) Aesthetic Use (Fountains, Pond Water Level Maintenance, etc.).

(a) Outside use of water for aesthetic purposes is prohibited.

(b) Voluntary reduction in the inside use of water for aesthetic purposes is encouraged.

(2) Agricultural Irrigation Use.

(a) Low volume irrigation is not restricted.

(b) Overhead irrigation, except traveling volume gun, will be restricted to the hours of 2:00 p.m. to 10:00 a.m.

(c) Traveling volume gun irrigation will be reduced to the maximum extent practicable, and will be restricted to the hours of 5:00 p.m. to 2:00 p.m.

(d) Irrigation of or preparation for planting new nursery plants is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment.

(f) Chemigation shall be coordinated with irrigation schedules.

(i) Flood and seepage irrigation methods shall not have a tailwater discharge from the property.

(j) The voluntary use of other water conservation techniques is encouraged.

(3) Aquacultural Use. Voluntary reduction in water use is encouraged.

(4) Aquifer Restoration Use. The withdrawal of water shall be limited to the minimum necessary to efficiently operate the recovery system.

(5) Commercial Use.

(a) The use of water at commercial car washes with odd addresses is restricted to Friday through Wednesday.

(b) The use of water at commercial car washes with even addresses or no address is restricted to Thursday through Tuesday.

(c) Other commercial uses of water shall be reduced to the greatest extent practicable by employing water conserving measures and water conserving devices.

(d) Off-site discharge shall be reduced or eliminated to the extent possible.

(e) Recycled water shall be used to replace fresh water wherever feasible.

(f) Clean-up requiring water use shall be reduced to the minimum required to protect the efficiency of the operation and prevent damage to equipment.

(g) Reduce or suspend the washing of vehicles except for health and safety needs.

(6) Dewatering Use. Discharge of fresh water to tide is prohibited.

(7) Diversion and Impoundment into Non-District Facility. Voluntary reductions in diversions are encouraged.

(8) Domestic Use. Voluntary reduction of household domestic use to 50 gallons per person per day is encouraged.

(9) Essential Use.

(a) The use of water for firefighting and health or medical purposes is not restricted.

(b) Fire hydrant flushing and testing is restricted to that necessary for the protection of human health, safety, and welfare.

(10) Freeze Protection. Water use is limited to situations in which official weather forecast services predict freezing temperatures likely to cause permanent damage to crops.

(11) Golf Course Irrigation Use.

(a) Irrigation of greens and tees shall be reduced to the maximum extent practicable and shall be accomplished during non-daylight hours.

(b) Irrigation of fairways, roughs, and non-play areas on the front half of the course(s) shall be restricted to the hours of 12:00 midnight to 8:00 a.m. on Wednesday, and Saturday.

(c) Irrigation of fairways, roughs, and non-play areas on the back one half of the course(s) shall be restricted to the hours of 12:00 midnight to 8:00 a.m. on Thursday, and Sunday.

(d) Irrigation of seeded and/or sprigged areas that have been in place for less than thirty days shall be allowed daily for 5 minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m., and 3:30 p.m. to 4:00 p.m.

(e) Reduce or suspend as possible, those horticultural practices which stimulate the need for increased irrigation.

(f) Chemigation shall be coordinated with the irrigation schedules.

(h) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and is limited to a maximum of once per week.

(12) Heating and Cooling Use.

(a) The use of water is restricted to that necessary to maintain temperatures no colder than 68 degrees and no warmer than 78 degrees.

(b) Discharge of water from heating or cooling systems shall be limited to pervious surfaces.

(13) Industrial Process and Perishable Food Processing Uses.

(a) Nonessential uses, plant cleaning, and water-cooled air conditioning, shall be reduced or eliminated to the greatest extent possible.

(b) Recycled water shall be used wherever feasible.

(14) Landscape Irrigation and Recreation Area Irrigation Use.

(a) Irrigation of new landscape (installed less than 30 days) is restricted to the hours of 12:00 a.m. to 8:00 a.m. on Monday, Tuesday, and Thursday through Friday.

(b) Irrigation of established landscape at locations with odd numbered addresses is restricted to Wednesday, and Saturday between the hours of 12:00 a.m. and 8:00 a.m.

(c) Irrigation of established landscape at locations with even numbered addresses or with no address is restricted to Thursday, and Sunday between the hours of 12:00 a.m. and 8:00 a.m.

(d) Low volume watering of new and established landscaping is not restricted, but should be voluntarily reduced.

(e) Chemigation shall be coordinated with the irrigation schedules.

(15) Livestock Use and Other Animal Use. Voluntary reduction in water use is encouraged.

(16) Mining Use.

(a) Impounded surface water shall be used to replace fresh water withdrawals wherever possible.

(b) Spraying for dust control shall be kept to the minimum required for health and safety.

(17) Navigation Use. Requests may be made for additional releases from upstream impoundments.

(18) Nursery Irrigation Use (Non-agricultural).

(a) Voluntary reduction of water use by low volume irrigation methods (e.g., micro-irrigation) is encouraged.

(b) Overhead irrigation of nursery plants is restricted to the hours of 12:00 Noon to 1:00 p.m. and from 7:00 p.m. to 7:00 a.m. on Monday, Wednesday, and Saturdays.

(f) The use of flooding for irrigation purposes shall be limited to 8 days per month.

(19) Other Outside Uses.

(a) Washing or cleaning of streets, driveways, sidewalks and other impervious surfaces is prohibited, except to meet federal, state or local health or safety standards.

(b) Non-commercial vehicle and mobile equipment washing is allowed on pervious surfaces only, during landscape irrigation hours, by low volume methods only.

(c) Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation. Boats with an odd slip number shall be permitted to be washed on Wednesday and Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Thursday and Sunday.

(d) Rinsing of boats and flushing of boat engines after use shall be limited to ten minutes a day.

(e) Outside pressure cleaning is allowed using low volume processes only, seven days per week.

(20) Power Production Use.

(b) Non-essential uses of water, plant cleaning, and water-cooled air conditioning shall be reduced or eliminated to the greatest extent possible.

(c) Power companies should encourage customers to reduce power consumption, so that they may reduce power generation, and in turn, reduce water consumption.

(d) Voluntary reductions in other water uses is encouraged.

(21) Public Supply Use.

(a) Initial pressure at the point of use (meter) will be reduced by 15% where it is operationally feasible to do so. Prior to the reduction of pressure, the utility will notify the appropriate fire fighting agencies and make arrangements for direct communication when additional pressure is required.

(b) Utilities shall institute, as appropriate, conservation measures such as improving and accelerating leak detection surveys and repair programs, and installing and calibrating meters.

(22) Sanitation and Other Public Supply Uses. Voluntary reduction in water use by 15 percent is encouraged.

(23) Soil Flooding Use.

(a) Flooding is prohibited for pest control and soil preservation.

(b) Voluntary reductions in water used for sod-flooding to permit harvesting is encouraged.

(24) Water Based Recreation Use.

(a) Filling of new facilities is permitted.

(b) Filling of existing facilities is prohibited.

(d) Draining of facilities into sewers or onto impervious surfaces is prohibited.

(e) Voluntary reductions in water used for other aspects of water based recreation is encouraged.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.641 Phase III: Extreme Water Shortage

A Phase III Water Shortage refers to an extreme shortage, whereby a reduction in overall user demand of up to 45 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the Governing Board in consultation with District staff, shall when necessary, implement other restrictions to achieve the required percent reduction in overall demand.

(1) Aesthetic Use (i.e., Fountains, Pond Water Level Maintenance).

(a) Outside use of water for aesthetic purposes is prohibited.

(b) Inside use of water for aesthetic purposes is prohibited.

(2) Agricultural Irrigation Use.

(a) Low volume irrigation is not restricted.

(b) Overhead irrigation, except traveling volume gun, will be restricted to the hours of 7:00 p.m. to 9:00 a.m. However, overhead irrigation of containerized nursery stock for heat/moisture stress reduction is allowed between the hours of 12:00 Noon and 1:00 p.m.

(c) Traveling volume gun irrigation will be reduced to the maximum extent practicable, and will be restricted to the hours of 5:00 p.m. to 11:00 a.m.

(d) Irrigation of, or preparation for, planting new nursery plants is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment.

(f) Chemigation shall be coordinated with irrigation schedules.

(i) Flood and seepage irrigation methods shall not have a tailwater discharge from the property.

(j) Voluntary use of other water conservation techniques is encouraged.

(3) Aquacultural Use. Voluntary reduction in water use is encouraged.

(4) Aquifer Restoration Use. The withdrawal of water shall be limited to the minimum necessary to efficiently operate the recovery system.

(5) Commercial Use.

(a) Water use at commercial car washes with odd numbered addresses is restricted to Monday, Wednesday, Friday, Saturday, and Sunday.

(b) Water use at commercial car washes with even numbered addresses and locations with no address is restricted to Monday, Tuesday, Thursday, Saturday and Sunday.

(c) Other commercial processes are encouraged to make a 15% voluntary reduction based on 3 months normal operation prior to the initial declaration of water shortage.

(d) Off-site discharge shall be reduced or eliminated to the extent possible.

(e) Recycled water shall be used to replace fresh water wherever feasible.

(f) Clean-up requiring water use shall be reduced to the minimum required to protect the efficiency of the operation and prevent damage to equipment.

(g) Reduce or suspend the washing of vehicles except for health and safety needs.

(6) Dewatering Use.

(a) Discharge of fresh water to tide is prohibited.

(b) Discharge of fresh water offsite is prohibited.

(7) Diversion and Impoundment into Non-District Facility. Voluntary reductions in diversions are encouraged.

(8) Domestic Use. Voluntary reduction of household domestic use to 40 gallons per person per day is encouraged.

(9) Essential Use.

(a) The use of water for firefighting and health or medical purposes is not restricted.

(b) Fire hydrant flushing and testing is restricted to that necessary for the protection of human health, safety, and welfare.

(10) Freeze Protection. Water use is limited to situations in which official weather forecast services predict freezing temperatures likely to cause permanent damage to crops.

(11) Golf Course Irrigation Use.

(a) Irrigation of greens shall be reduced to the maximum extent practical and accomplished during non-daylight hours.

(b) Irrigation of tees on the front half of the course(s) shall be accomplished during non-daylight hours on Monday, Wednesday, and Saturday.

(c) Irrigation of tees on the back one half of the course(s) shall be accomplished during non-daylight hours on Tuesday, Thursday, and Sunday.

(d) Irrigation of fairways, roughs, and non-play areas on the front one half of the course(s) shall be accomplished between the hours of 12:00 midnight to 8:00 a.m. on Saturday.

(e) Irrigation of fairways, roughs, and non-play areas on the back one half of the course(s) shall be accomplished between the hours of 12:00 midnight to 8:00 a.m. on Sundays.

(f) Reduce or suspend as possible, those horticultural practices which stimulate the need for increased irrigation.

(g) Chemigation shall be coordinated with the irrigation schedules.

(h) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, shall be coordinated with the irrigation schedules.

(i) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and shall be limited to a maximum of once per week.

(12) Heating and Cooling Use.

(a) Water use shall be restricted to that necessary to maintain temperatures no colder than 78 degrees and no warmer than 68 degrees.

(b) Discharge of water from heating or cooling systems shall be limited to pervious surfaces.

(13) Industrial Process and Perishable Food Processing Uses.

(a) Voluntary 15% reduction in water used in Industrial processes, based on three months of normal operation prior to initial declaration of the water shortage, is encouraged.

(b) Recycled water shall be used wherever feasible.

(c) Nonessential uses, plant cleaning, and water-cooled air conditioning, shall be reduced or eliminated to the greatest extent possible.

(14) Landscape Irrigation and Recreation Area Irrigation Use.

(a) Irrigation of new landscape (installed less than 30 days) is restricted to the hours of 12:00 a.m. to 8:00 a.m. on Monday, Wednesday, and Friday.

(b) Irrigation of established landscape at locations with odd numbered addresses shall occur between the hours of 12:00 a.m. and 8:00 a.m. on Saturday.

(c) Irrigation of established landscape at locations with even numbered addresses or no address shall be accomplished between the hours of 12:00 a.m. and 8:00 a.m. on Sunday.

(d) Low volume watering of new and established landscaping is not restricted, but should be voluntarily reduced.

(e) Chemigation shall be coordinated with the irrigation schedules.

(15) Livestock and Other Animal Use. Voluntary reduction in water use is encouraged.

(16) Mining Use.

(a) Impounded surface water shall be used to replace fresh water withdrawals wherever possible.

(b) Spraying for dust control shall be kept to the minimum required for health and safety.

(17) Navigation Use. Requests may be made for additional releases from upstream impoundments.

(18) Nursery Irrigation Use (Non-agricultural).

(a) Voluntary reduction of water use by low volume irrigation methods (e.g., micro-irrigation) is encouraged.

(b) Overhead irrigation of nursery plants is restricted to the hours of 12:00 Noon to 1:00 p.m. and from 12:00 a.m. to 7:00 a.m. on Monday, Wednesday and Saturday.

(f) The use of flooding for irrigation purposes shall be limited to 4 days per month.

(19) Other Outside Uses.

(a) Washing or cleaning of streets, driveways, sidewalks or other impervious surfaces is prohibited, except to meet federal, state, or local health or safety standards.

(b) Non-commercial vehicle and mobile equipment washing is allowed on pervious surfaces only, during landscape irrigation hours, by low volume methods only.

(c) Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation. Boats with an odd slip number shall be permitted to be washed on Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Sunday.

(d) Rinsing of boats and flushing of boat engines after use shall be limited to ten minutes a day.

(e) Outside pressure cleaning is allowed using low volume processes only, Monday through Friday.

(20) Power Production Use.

(b) Non-essential uses of water, plant cleaning, and water-cooled air conditioning shall be reduced or eliminated to the greatest extent possible.

(c) Power companies should encourage customers to reduce power consumption, so that they may reduce power generation, and in turn, reduce water consumption.

(d) Voluntary reductions in other water uses is encouraged.

(21) Public Supply Use.

(b) Utilities shall institute, as appropriate, conservation measures such as improving and accelerating leak detection surveys and repair programs, and installing and calibrating meters.

(22) Sanitation and Other Public Supply Uses. Voluntary reduction in water use by 30% is encouraged.

(23) Soil Flooding Use.

(a) Sod-flooding for pest control and soil preservation is prohibited.

(b) Sod-flooding to permit harvesting is prohibited.

(24) Water Based Recreation Use.

(a) Filling of new facilities is permitted.

(b) Filling of existing facilities is prohibited.

(d) Draining of facilities into sewers or onto impervious surfaces is prohibited.

(e) Voluntary reductions in water used for other aspects of water based recreation is encouraged.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Fla. Admin. Code R. 40A-21.651 Phase IV: Critical Water Shortage

A Phase IV Water Shortage refers to a critical shortage, whereby a reduction in overall user demand of up to 60 percent is necessary to achieve adequate protection of the water resource, and of the public health, safety, and welfare. In addition to the following restrictions, the Governing Board in consultation with District staff, shall when necessary, implement other restrictions to achieve the required percent reduction in overall demand.

(1) Aesthetic Use (Fountains, Pond Water Level Maintenance, etc.).

(a) Outside use of water for aesthetic purposes is prohibited.

(b) Inside use of water for aesthetic purposes is prohibited.

(2) Agricultural Irrigation Use.

(a) Low volume irrigation is not restricted.

(b) Overhead irrigation, excluding traveling volume gun, will be restricted to the hours of 7:00 p.m. to 9:00 a.m. However, overhead irrigation of containerized nursery stock for heat/moisture stress reduction is allowed between the hours of 12:00 Noon and 1:00 p.m.

(c) Traveling volume gun irrigation will be reduced to the maximum extent practicable, and will be restricted to the hours of 5:00 p.m. to 11:00 a.m.

(d) Irrigation of or preparation for planting new nursery plants is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment.

(f) Chemigation shall be coordinated with the irrigation schedules.

(i) Flood and seepage irrigation methods shall not have a tailwater discharge from the property.

(j) The voluntary use of other water conservation techniques is encouraged.

(3) Aquacultural Use. Voluntary reduction in water use is encouraged.

(4) Aquifer Restoration Use. The withdrawal of water shall be limited to the minimum necessary to efficiently operate the recovery system.

(5) Commercial Use.

(a) Water use at commercial car washes with odd numbered addresses is restricted to Monday, Wednesday, Friday, Saturday and Sunday.

(b) Water use at commercial car washes with even numbered addresses and locations with no address is restricted to Monday, Tuesday, Thursday, Saturday and Sunday.

(c) Other commercial processes are encouraged to make a 15% voluntary reduction based on 3 months normal operation prior to the initial declaration of water shortage.

(d) Off-site discharge shall be reduced or eliminated to the extent possible.

(e) Recycled water shall be used to replace fresh water wherever feasible.

(f) Clean-up requiring water use shall be reduced to the minimum required to protect the efficiency of the operation and prevent damage to equipment.

(g) Reduce or suspend the washing of vehicles except for health and safety needs.

(6) Dewatering Use.

(a) Discharge of fresh water to tide is prohibited.

(b) Discharge of fresh water offsite is prohibited.

(7) Diversion and Impoundment into Non-District Facility. Voluntary reductions in diversions are encouraged.

(8) Domestic Uses. Voluntary reduction of household domestic use to 30 gallons per person per day is encouraged.

(9) Essential Use.

(a) The use of water for firefighting and health or medical purposes is not restricted.

(b) Fire hydrant flushing and testing is restricted to that necessary for the protection of human health, safety, and welfare.

(c) Sanitary sewer line flushing and testing is restricted to that necessary for the protection of human health, safety and welfare.

(10) Freeze Protection. Water use is limited to situations in which official weather forecast services predict freezing temperatures likely to cause permanent damage to crops.

(11) Golf Course Irrigation Use.

(a) Irrigation of greens shall be reduced to the maximum extent practicable and shall be accomplished during non-daylight hours.

(b) Irrigation of tees on the front one half of the course(s) shall be restricted to non-daylight hours on Saturday.

(d) Irrigation of fairways, roughs, and non-play areas on the front one half of the course(s) shall be restricted to the hours of 4:00 a.m. to 7:00 a.m. on Saturday.

(e) Irrigation of fairways, roughs, and non-play areas on the back one half of the course(s) shall be restricted to hours of 4:00 a.m. to 7:00 a.m. on Sunday.

(f) Reduce or suspend as possible, those horticultural practices which stimulate the need for increased irrigation.

(g) Chemigation shall be coordinated with the irrigation schedules.

(12) Heating and Cooling Use.

(a) The use of water is restricted to that necessary to maintain temperatures no colder than 68 degrees and no warmer than 78 degrees.

(b) No immediate discharge of water to tide-water is permitted.

(d) Discharge of water from heating or cooling systems shall be limited to pervious surfaces.

(13) Industrial Process and Perishable Food Processing Uses.

(a) Voluntary 15% reduction in water used in Industrial processes, based on three months of normal operation prior to initial declaration of the water shortage, is encouraged.

(b) Recycled water shall be used wherever feasible.

(c) Nonessential uses, plant cleaning, and water-cooled air conditioning, shall be reduced or eliminated to the greatest extent possible.

(14) Landscape Irrigation and Recreation Area Irrigation Use.

(a) Irrigation of new landscape (installed less than 30 days) is restricted to the hours of 4:00 a.m. to 7:00 a.m. on Saturday.

(b) Irrigation of existing landscape at a location with an odd numbered address shall occur between the hours of 6:00 a.m. and 7:00 a.m. on Saturday.

(c) Irrigation of existing landscape at a location with an even numbered address or no address shall occur between the hours of 6:00 a.m. and 7:00 a.m. on Sunday.

(d) Low volume watering of existing landscaping is restricted to Monday, Wednesday and Friday during non-daylight hours, but should be voluntarily reduced further.

(e) Chemigation shall be coordinated with the irrigation schedules.

(15) Livestock and Other Animal Use. Voluntary reduction in water use is encouraged.

(16) Mining Use.

(a) Impounded surface water shall be used to replace fresh water withdrawals wherever possible.

(b) Spraying for dust control shall be kept to the minimum required for health and safety.

(17) Navigation Use. Requests may be made for additional releases from upstream impoundments.

(18) Nursery Irrigation Use (Non-agricultural).

(a) Voluntary reduction of water use by low volume irrigation methods (e.g., micro-irrigation) is encouraged.

(b) Overhead irrigation of nursery plants is restricted to the hours of 12:00 Noon to 1:00 p.m. and from 2:00 a.m. to 7:00 a.m. on Monday, Wednesday and Saturday.

(e) The operation of irrigation systems for cleaning and maintenance shall be limited to the minimum necessary to maintain efficient operation of the system and shall be limited to a maximum of once per week.

(f) The use of flooding for irrigation purposes shall be limited to 2 days per month.

(19) Other Outside Uses.

(a) Washing or cleaning of streets, driveways, sidewalks or other impervious surfaces is prohibited except to meet federal, state, or local health or safety standards.

(b) Non-commercial vehicle and mobile equipment washing is allowed on pervious surfaces only, during landscape irrigation hours, by low volume methods only.

(c) Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation. Boats with an odd slip number shall be permitted to be washed on Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Sunday.

(d) Rinsing of boats and flushing of boat engines after use shall be limited to ten minutes a day.

(e) Outside pressure cleaning is allowed using low volume processes only on Monday and Wednesday.

(20) Power Production Use.

(b) Non-essential uses of water, plant cleaning, and water-cooled air conditioning shall be reduced or eliminated to the greatest extent possible.

(c) Power companies should encourage customers to reduce power consumption, so that they may reduce power generation, and in turn, reduce water consumption.

(d) Voluntary reductions in other water uses is encouraged.

(21) Public Supply Use.

(b) Utilities shall institute, as appropriate, conservation measures such as improving and accelerating leak detection surveys and repair programs, and installing and calibrating meters.

(22) Sanitation and Other Public Supply Uses. Voluntary reduction in water use by 30% is encouraged.

(23) Soil Flooding Use.

(a) Sod-flooding for pest control and soil preservation is prohibited.

(b) Sod-flooding to permit harvesting is prohibited.

(24) Water Based Recreation Use.

(a) Filling of new and existing facilities is prohibited.

(b) Makeup water for new and existing facilities is prohibited.

(d) Voluntary reductions in water used for other aspects of water based recreation is encouraged.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 3-29-92.

Chapter 40A-44 REGULATION OF AGRICULTURAL AND FORESTRY SURFACE WATER MANAGEMENT PROJECTS

Fla. Admin. Code R. 40A-44.011 Policy and Purpose

The purpose of these rules is to implement the expressed policy of the Northwest Florida Water Management District and the State of Florida to assure that agricultural and forestry projects relating to the management, storage, and drainage of surface waters will not be harmful to the water resources, and will provide for the safety of life and property. The following constitutes an expression of the objectives of the District with regard to its permitting powers.

(1) It shall be the objective of the District to encourage sound agricultural and forestry water management practices in a manner which provides for the conservation of the District’s water resources.

(2) It shall be the objective of the District to provide that the discharge to waters of the State from agricultural and forestry surface water management projects meet the water quality provisions of Chapters 62-302 and 62-4, F.A.C.

(3) It shall be the objective of the District to ensure that any dam, impoundment, reservoir, appurtenant work, or works under permit does not create a hazardous condition which might threaten lives or property.

(4) It shall be the objective of the District to ensure that the waters within the District are not depleted, restricted, or otherwise impaired by artificial means unless permitted by the District.

(5) It shall be the objective of the District to ensure the protection and preservation of wetlands and other water-dependent natural systems.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.426 FS. History–New 10-1-84, Amended 7-1-92.

Fla. Admin. Code R. 40A-44.021 Definitions

(1) “Best management practices for agriculture” means those conservation, management and operational practices identified for agriculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Division 5M, F.A.C.

(2) “Best management practices for forestry” means those conservation, management and operational practices identified for silviculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Chapter 5I-6, F.A.C.

(3) “Class I Waters” means those surface waters listed pursuant to Rule 62-302.400, F.A.C.

(4) “Endangered Species” means those plants, fish and wildlife listed pursuant to paragraph 5B-40.0055(2)(a) and Rule 68A-27.003, F.A.C., Section 581.185(2)(b), F.S., 50 CFR 17.11, and 50 CFR 17.12.

(5) “Existing Facility” means a dam, impoundment, reservoir, appurtenant work, or works that were constructed under authorization by the District, or constructed before October 1, 1984, and that has been used and maintained within the 3 years prior to application for a permit under subsection 40A-44.301(4), F.A.C.

(6) “Farm Pond” means a pond located on a farm and used for farm purposes.

(7) “Farm Purposes” means and includes farm water supply, erosion control, fish and wildlife enhancement or flood control.

(8) “Farm Water Supply” means water used for irrigation, livestock watering, fire protection or general on-farm use.

(9) “Outstanding Florida Waters” means those surface waters listed pursuant to Rule 62-302.700, F.A.C.

(10) “Projects” means one or more agricultural or forestry activities resulting in the construction, operation and maintenance, alteration, modification or abandonment of structures or works for the sole or predominant purpose or effect of impounding, draining, or obstructing surface waters.

(11) “Species Of Special Concern” means those fish and wildlife listed pursuant to Rule 68A-27.005, F.A.C.

(12) “Steephead Ravines” means those highly distinctive stream valleys as described in “A Ecological Characterization of the Florida Panhandle,” U.S. Fish and Wildlife Service Biological Report 88(12), U.S. Fish and Wildlife Service, 1988, which is hereby incorporated by reference. A copy of which can be obtained from http://www.flrules.org/Gateway/Reference.asp?No=Ref-02991, or the District’s website www.nwfwater.com.

(13) “Threatened Species” means those plants, fish and wildlife listed pursuant to paragraph 5B-40.0055(2)(b), F.A.C., 50 CFR 17.11, and 50 CFR 17.12.

(14) “Wetlands” means those areas that are inundated or saturated by surface or ground water with a frequency sufficient to support, and under normal circumstances do or would support, a prevalence of vegetation or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river overflows, mud flats and natural ponds.

History

Rulemaking Authority 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 3-30-94, 8-6-13.

Fla. Admin. Code R. 40A-44.031 Implementation

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.409, 373.413, 373.416, 373.426 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-44.041 Permits Required

(1) Unless expressly exempted by law or District rule, a surface water management permit must be obtained, pursuant to this chapter, from the District to construct, alter, operate, maintain, or abandon any dam, impoundment, reservoir, appurtenant work or works associated with agricultural or forestry projects.

(2) The District issues three types of agricultural and forestry surface water management permits: general surface water management permits, individual surface water construction permits, and individual operation and maintenance permits.

(a) General Surface Water Management Permits. This permit provides for the construction, maintenance, and operation of a facility. A general permit is applicable for projects:

Within a watershed which contains less than 640 acres above (upstream of) the project’s point of discharge, or
Which could impound water by a dam which is less than ten feet in height from the natural bed of the water course at the downstream toe of the barrier, as determined by the District, or which has an impounding capacity of less than fifty (50) acre-feet, and
Has either singly or cumulatively, a minimal adverse impact on the water resources of the District.

(b) Individual Surface Water Construction Permits. A permit is applicable for all projects which are not exempt, which are not eligible for a general permit, or which are not otherwise authorized activities pursuant to this chapter.

(c) Operation and Maintenance Permits. A permit for operation and maintenance of any dam, impoundment, reservoir, appurtenant work or works is required for permitted projects under paragraph 40A-44.041(2)(b), F.A.C.

History

Rulemaking Authority 373.044, 373.113, 33.418 FS. Law Implemented 373.118, 373.406, 373.413, 373.416, 373.418, 373.426 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13, 3-27-19.

Fla. Admin. Code R. 40A-44.051 Exemptions

(1) Activities specified in Section 373.406, F.S., are exempt from this chapter.

(2) Projects permitted pursuant to this chapter are exempted from the provisions of Chapter 62-330, F.A.C., as long as the land served by the project continues to be used for agriculture or forestry.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.418, 373.813 FS. Law Implemented 373.416, 373.406, 373.413, 373.418, 373.426, 403.813 FS. History–New 10-1-84, Amended 3-27-17.

Fla. Admin. Code R. 40A-44.052 Authorization for Certain Forestry Projects

(1) Authorization is hereby granted, subject to the general and specific conditions of this section, to any person who is engaged in forestry operations to conduct the minor works described below:

(a) Culvert placement, replacement and maintenance, in streams of less than 10 cubic feet per second average discharge at the culvert location or streams draining less than 10 square miles, except for culverts associated with low water crossings, provided that construction does not cause scour in the downstream waters or increase the velocity of the water downstream.

(b) Bridge construction, replacement and maintenance for structures up to 400 feet in length and two lanes or less in width supported by pilings or trestles where the effects of pollutants discharged into open waters can be minimized.

(c) Construction and maintenance of low water crossings (hard surface crossings over which water flows during storm events or immediately thereafter) provided construction does not cause scour in the downstream waters or increase the velocity of the water downstream.

(d) Temporary stream channel diversions necessary to complete projects detailed in paragraphs (a), (b) and (c), above, provided the area used for the temporary diversion is restored to its previous contours and elevations.

(e) Channel clearing and shaping to facilitate maximum hydraulic efficiency of designed structure detailed in paragraphs (a), (b) and (c), above.

(f) Site preparation and access roads on existing forestry lands including any ditch constructed or maintained with a total cross-sectional area at the outfall of less than 35 square feet when a berm or buffer zone of vegetation separates the site being prepared and the open water. Where an access road crosses open water, the crossing construction shall be in accordance with paragraph (a), (b), (c), (d) or (e), above.

(2) Prior to the construction, replacement, or maintenance of a minor forestry work authorized under this section, notice shall be given to the District as follows:

(a) A completed Forestry Authorization Notification Form, No. A44-F, effective 7-1-92, which is hereby incorporated by reference, and copies of which can be obtained from http://www.flrules.org/Gateway/Reference.asp?No=Ref-02969, the District office identified below, or by electronic submittal at the District’s website www.nwfwater.com, shall be submitted to the District no less than two (2) working days prior to the commencement of work. For notification forms mailed to the District, the postmark date shall be the date of submittal.

(b) Emergency notification will be allowed under this section provided the District receives a completed Forestry Authorization Notification Form or is notified by telephone prior to the commencement of work. Telephone notification shall be followed by submittal of a completed Forestry Authorization Notification Form no less than two (2) working days after such telephone notification. A serious set of unforeseen or unforeseeable circumstances must exist to create an emergency. Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of emergency authorizations.

Northwest Florida Water Management District

DeFuniak Springs Field Office

700 US Highway 331 S

DeFuniak Springs, FL 32435

(d) The person seeking an authorization, in lieu of an individual project notification, may submit a yearly work plan authorization request. The required plan shall be filed with the DeFuniak Springs Service Office and shall identify the type, location and implementation timetable for each proposed minor work authorized under the provisions of this section. Yearly work plans shall be submitted thirty (30) days prior to the commencement of the implementation of the identified works and may be modified under individual project authorizations.

(3) This authorization shall be subject to the general conditions of subsection 40A-44.301(2), F.A.C, and the following specific conditions:

(a) Notice has been filed with the District as provided for in subsection 40A-44.052(2), F.A.C.

(b) The person shall use Best Management Practices for Forestry as defined in subsection 40A-44.021(2), F.A.C.

(c) The person shall stabilize fill areas and stream banks disturbed by the activity by revegetation or riprap as appropriate.

(d) The person shall limit stream channel relocation to streams which have an average annual discharge of 10 cubic feet per second or less. The length of relocated channels or those significantly altered shall be limited to 200 feet per stream. A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream’s natural hydraulic capability.

(e) The person shall limit bridge construction to those bridges spanning bank to bank with no causeway approaches in the floodplain unless there are sufficient culverts in the causeway to prevent downstream scour or increase in the velocity of the water downstream. This limitation does not apply to maintenance of existing bridges or to the construction of temporary log and pole bridges.

(f) The person shall limit crossings of any particular stream to an average of one every 1/2 mile.

(4) This authorization does not apply to activities which convert waters in the state to uplands by draining the land, site preparation or other practices designed to bring an area not used for forestry into such use or forest land into other uses. However, it shall apply to activities on areas lying fallow as part of a conventional rotation cycle of an established forestry operation. An operation ceases to be established when the area on which it was conducted has been converted to another use or has lain idle more than 5 years.

(5) If at any time the District discovers that an Authorization has been used to conduct minor forestry works which do not qualify for an Authorization under this section, or an authorized activity is not being conducted in accordance with the conditions described in this section, the District shall either require application for a permit pursuant to Chapter 62-330, 40A-6 or 40A-44, F.A.C., or shall take administrative or judicial enforcement action, or any combination thereof, as it deems appropriate.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 9-15-86, 8-1-89, 7-1-92, 8-6-13, 3-27-17.

Fla. Admin. Code R. 40A-44.091 Processing of Permits

(1) Individual surface water construction permits and general surface water management permits shall be processed according to the provisions of chapter 40A-1, F.A.C., and require approval by the Executive Director or his/her designee.

(2) General surface water management permits for projects other than impoundments constructed in waters in the State shall be processed in accordance with all applicable provisions of Chapter 40A-1, F.A.C., and shall be issued by the Executive Director or Executive Director’s designee after the submitted application is determined to be complete and meets the requirements of this chapter.

(3) Permit application notices shall be processed in accordance with the provisions of Chapter 40A-1, F.A.C., and Sections 373.116 and 373.413(3), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406, 373.413, 373.4141, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 7-1-98, 8-6-13, 3-27-17, 3-27-19.

Fla. Admin. Code R. 40A-44.101 Content of Application

(1) Applications for permits required by this chapter shall include:

(a) Form No. A44-A, Surface Water Management Permit Application, amended 7-1-98, which is hereby incorporated by reference. A copy of which can be obtained by contacting the District, or online at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02964 or the District’s website www.nwfwater.com;

(b) The information required in Section 373.413(2), F.S.;

(c) Drawings, calculations, and engineering details sufficient to define the nature, scope, intent and functioning of the proposed project. This information shall include the following:

The area of innundation depicted on a topographic map,
Hydraulic calculations; and,
Flow characteristics;

(d) Information supporting the agricultural status of the property which shall include:

A Soil and Water Conservation District approved conservation plan, or a notice of intent to participate in the appropriate Best Management Practices program offered by the Florida Department of Agriculture and Consumer Services,
A copy of the receipt of application for agricultural classification of the property (Green Card); and,
A Farm Service Agency (FSA) farm number.
An Affidavit of Agricultural Status, Form A44-E, effective 7-1-92, which is hereby incorporated by reference, copies of which can be obtained by contacting the District or online at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02968, or the District’s website www.nwfwater.com, may be substituted for the ASCS farm number and verification of agricultural classification. In areas of changing land uses, from agricultural to other uses, an affidavit is required;

(e) The name, address and zip code of all property owners adjacent to the affected water body that are immediately downstream of the property upon which the proposed project will take place;

(f) An inventory of the wetland impacts of the project which shall include: total wetlands on site, wetlands permanently lost, wetlands temporarily disturbed, wetlands created, wetlands improved, and other site specific wetland information;

(g) An inventory of endangered or threatened species, and species of special concern known to occur on the site, as listed pursuant to Rules 5B-40.0055, 68A-27.003, and 68A-27.005, F.A.C.; Section 581.185(2)(b), and (h), F.S.; and 50 CFR 17.11-12; and,

(h) Other site specific information as necessary to support the reasonable assurances determination pursuant to subsection 40A-44.301(2), F.A.C.

(2) The application must be signed by the owner or his authorized agent, if applicable.

(3) The District shall require the applicant to submit other pertinent information deemed necessary for evaluating the application.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 8-6-13, 3-27-17.

Fla. Admin. Code R. 40A-44.142 Headgates, Valves, and Measuring Devices

(1) The owner of any dam, impoundment, reservoir, appurtenant work, or works subject to this chapter may be required, after notice and hearing by the Governing Board, to install and maintain a substantial and serviceable headgate or valve at the point where the water is discharged or diverted, and shall, if required by the Governing Board, install a measuring device which will adequately measure the water at a point designated by the Governing Board for the purpose of investigating any effects of the structure.

(2) If any owner shall not have constructed or installed such headgate, valve, or such measuring device within 60 days after the Governing Board has ordered its construction, the Governing Board shall have constructed or installed such headgate, valve, or measuring device, and the costs of installing the headgate, valve, or measuring device shall be a lien against the owner’s land upon which such installation takes place until the Governing Board is reimbursed, with reasonable interest and attorney’s fees, for its costs.

(3) No person shall alter or tamper with a measuring device so as to cause it to register other than the actual amount of water diverted, discharged, or taken.

(4) For the purpose of safety and maintenance, any new dams, impoundments, or appurtenant works meeting the requirements of Rule 40A-44.041, F.A.C., shall be required to have installed and maintained a substantial and serviceable headgate or valve at the point where the water is diverted or discharged.

History

Rulemaking Authority 373.044, 373.113, 373.418, 373.436 FS. Law Implemented 373.409, 373.436 FS. History–New 10-1-84, Amended 8-6-13.

Fla. Admin. Code R. 40A-44.143 Abandonment

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.426 FS. History–New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40A-44.201 Permit Processing Fee

A non-refundable permit processing fee shall be filed with the District, at the time of application submittal, according to the following fee schedule:

Type of Permit Fee

(1) General Surface Water Management Permit 25.00

(2) Individual Surface Water Construction Permit

Watershed less than 4 square miles 250.00

Watershed 4 square miles or larger 500.00

(3) Operation and Maintenance Permit No Fee

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.109 FS. History–New 10-1-84, Amended 1-1-90, 7-1-98, 3-27-19.

Fla. Admin. Code R. 40A-44.301 Conditions for Issuance of Permits

(1) The District shall not issue a permit for a new agricultural water management system impoundment or a farm pond impoundment within:

(a) An Outstanding Florida Water unless the applicant provides reasonable assurance that the proposed activity will be clearly in the public interest per Section 373.414, F.S.; or

(b) A stream which has as its headwaters:

A steephead ravine, or
Tributary streams which are discharging from steephead ravines.

(2) The District, in deciding whether to grant, conditionally grant, or deny a permit under this chapter, will determine whether information submitted by the applicant, or otherwise available to the District, provides reasonable assurance that the surface water project:

(a) Provides adequate flood protection and drainage;

(b) Will not cause unacceptable water quality and quantity impacts on waters and adjacent lands regulated pursuant to Chapter 373, F.S.;

(c) Will not cause discharges which result in any violation, in waters of the State, of the standards and criteria of Chapters 62-302 and 62-4, F.A.C.;

(d) Will not cause unacceptable adverse impacts on surface and ground-water levels and flows;

(e) Will not cause unacceptable adverse environmental impacts to natural resources, fish, and wildlife;

(f) Can be effectively operated and maintained;

(g) Will not endanger life, health, or safety, or adversely affect property;

(h) Is consistent with generally accepted engineering standards, design and safety practices and Best Management Practices for local conditions as defined in this chapter;

(i) Is consistent with the overall objectives of the District and State Water Policy as established in Section 373.016, F.S., rule 40A-44.011 and Chapter 62-40, F.A.C.

(3) For new projects, the District will assume that the applicant has demonstrated the reasonable assurances required in subsection 40A-44.301(2), F.A.C., if the project design, construction, operation and maintenance plans are determined to meet or incorporate the following applicable standards, and if the permit can be conditioned, as provided by Rule 40A-44.381, F.A.C., to provide for specific project characteristics and permit administration consideration:

(a) The project has not been sited within a steephead ravine(s), and is not contrary to the public interest per Section 373.414, F.S.;

(b) The project has been sited, sized and designed to avoid impacts to endangered or threatened species;

(c) The project has been sited, sized and designed to minimize impacts to species of special concern, existing natural resources, fish, and wildlife;

(d) Erosion control projects have been sited in uplands;

(e) The project utilizes appropriate Best Management Practices and implements a Soil and Water Conservation District approved conservation plan, which provides the water quality assurances required in paragraphs 40A-44.301(2)(b) and (c), F.A.C.;

(f) Outfalls are designed to minimize erosion and, when necessary, to provide energy dissipation and aeraton of discharged water;

(g) Stream management and protection zones are provided above and below authorized structures within the property owned by the permittee;

(h) Adequate erosion and sediment control devices are utilized during construction to prevent downstream violations of water quality;

(i) The project incorporates site specific and applicable engineering standards, design, operation and maintenance measures to provide for the physical safety and stability of the facility;

(j) The project incorporates site specific and applicable design, operation and maintenance measures to provide for the protection and conservation of natural resources;

(k) Impoundment design, construction, operation and maintenance incorporates the following criteria and standards:

Design of principal and emergency spillways to pass flood events in a manner that will not threaten life or property. At a minimum, principal and emergency spillways must be designed to pass the appropriate 2- and 25-year, 24 hour storm event. Impoundments with a hazard classification greater than low may have to be designed to pass greater storm events;
The project has been sited to minimize cumulative impacts caused by multiple impoundments within a stream by providing separation between impoundments for recovery of stream function and value;
The average depth of new impoundments does not exceed 6 feet;
Installation of deep water or mid-level water release when the deepest part of an impoundment exceeds 10 feet. Design of these types of release must provide for the prevention of bottom scouring or sediment release;
New impoundment surface water area at normal pool is not greater than 6 acres;
Impoundment design and operation provides for water level fluctuation and for full drawdown;
Creation of wetland littoral zones to water depths of 3 feet. Organic or mucky soils excavated during construction of permitted structures shall be stockpiled and used in the creation of littoral zones;
Location of borrow pits in uplands or in other locations which maximize littoral zone creation;
Cutting and removal of trees and shrubs from the area of innundation to minimize nutrient imbalance in the impoundment. Disturbance to soils and topography shall be minimized; and,
Upland buffer zones are utilized to provide runoff filtration, water quality enhancement, and to control erosion.

(4) For projects involving the reconstruction, repair or alteration of existing facilities, as defined in subsection 40A-44.021(5), F.A.C., the District will assume that the applicant has demonstrated the reasonable assurances required in subsection 40A-44.301(2), F.A.C., if the project design, construction, operation and maintenance plans are determined to meet or incorporate the following standards and criteria, and if the permit can be conditioned, as provided by Rule 40A-44.381, F.A.C., to provide for specific project characteristics and permit administration consideration:

(a) The project has incorporated all applicable standards in subsection 40A-44.301(3), F.A.C.;

(b) Any proposed expansion of the storage capacity of an existing impoundment will be for safety or primarily for irrigation or livestock watering. Expansion for irrigation or livestock watering shall be sized to provide the water needs of these uses;

(c) The proposed reconstruction, repair or alteration is designed to avoid impacts to endangered or threatened species, and species of special concern;

(d) The proposed reconstruction, repair or alteration is designed to minimize impacts to existing natural resources, fish, and wildlife;

(e) The project incorporates site specific and applicable engineering standards, design, operation and maintenance measures to provide for the physical safety and stability of the facility; and,

(f) The project incorporates site specific and applicable design, operation and maintenance measures to provide for the protection and conservation of natural resources.

(5) For projects which do not meet or incorporate the standards and criteria in subsections 40A-44.301(3) and (4), F.A.C., the District, in deciding if the reasonable assurances of subsection 40A-44.301(2), F.A.C., can be met, will consider the following additional criteria:

(a) Whether the project will degrade Outstanding Florida Waters, Class I waters, or steephead ravines;

(b) Whether the project, if a stream impoundment, will be primarily used for irrigation or livestock watering and has been sized to provide the water needs of these uses;

(c) Whether the project will result in violations of State water quality standards and criteria pursuant to Chapters 62-302 and 62-4, F.A.C.;

(d) Whether the project will adversely affect natural resources, fish, and wildlife, including endangered or threatened species and species of special concern;

(e) Whether the project will adversely affect fishing or recreational values, or marine productivity in the vicinity and downstream of the project;

(f) Whether the project will result in, or contribute to, cumulative impacts which will degrade waters in the State. In determining whether unacceptable cumulative impacts may occur, the District will consider:

The impact of the project for which the permit is sought; and,
The impact of projects which are existing or under construction or for which permits have been sought.

(6) If a permit application does not provide the reasonable assurances or meet the design and evaluation criteria set forth in subsections 40A-44.301(2)-(5), F.A.C., the District will consider proposals of other measures that can be taken to mitigate the adverse impacts which may be caused by the project.

(7) Project plans and specifications for permits required under:

(a) Paragraph 40A-44.041(2)(a), F.A.C., must be signed and sealed by a professional engineer registered in the State of Florida pursuant to Chapter 471, F.S., or are in accordance with the United States Department of Agriculture Natural Resources Conservation Service Standards and Specifications and have been approved by a Soil and Water Conservation District created pursuant to Chapter 582, F.S.

(b) Paragraph 40A-44.041(2)(c), F.A.C., must be signed and sealed by a professional engineer registered in the State of Florida, pursuant to Chapter 471, F.S., or are in accordance with the United States Department of Agriculture Natural Resources Conservation Service Standards and Specifications and have been approved by a Soil and Water Conservation District created pursuant to Chapter 582, F.S. However, plans and specifications for any dam exceeding 25 feet in height or impounding more than 50 acre-feet of water must be signed and sealed by a professional engineer registered in the State of Florida, pursuant to chapter 471, F.S.

History

Rulemaking Authority 373.044, 373.113, 373.414, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 7-1-92, 3-27-19.

Fla. Admin. Code R. 40A-44.321 Duration of Permit

(1) Unless revoked or otherwise modified, the duration of a permit pursuant to this chapter is:

(a) Five years, for a construction permit;

(b) Perpetual, for an operation and maintenance permit, except any operation and maintenance permit on an existing facility shall automatically expire when a new operation and maintenance permit or abandonment permit is issued for that same facility.

(2) Construction permits expire automatically unless the permittee requests an extension before the expiration date.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History–New 10-1-84, Amended 8-6-13, 3-27-19.

Fla. Admin. Code R. 40A-44.331 Modification of Permits

An application for modification of a surface water management permit shall be processed in accordance with this rule, unless otherwise revoked, suspended or expired.

(1) Applications to modify Individual Surface Water Construction or Individual Operation and Maintenance permits shall be made;

(a) By formal application and reviewed using the same criteria as new applications, pursuant to Rules 40A-44.101 and 40A-44.301, F.A.C., or

(b) By letter, provided the requested modification does not:

Substantially alter the permit authorization,
Increase the authorized discharge,
Impact the environmental features of the project,
Decrease the required retention/detention,
Decrease any required flood control elevations for roads or buildings, and
Exceed water quality standards at points of discharge as provided in Chapters 62-302 and 62-4, F.A.C.

(2) Applications to modify a General Surface Water Management Permit shall be made:

(a) In accordance with Rules 40A-44.041, 40A-44.101 and 40A-44.301, F.A.C., or

(b) By letter providing the requested modification does not exceed the conditions of paragraph 40A-44.331(2)(b), F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.416, 373.426, 373.429 FS. History–New 10-1-84, Amended 7-1-98, 3-27-17, 3-27-19.

Fla. Admin. Code R. 40A-44.341 Revocation of Permits

(1) Certain violations of this chapter shall result in the revocation of the permit authorization in whole or in part. A permit may also be revoked under any of the following circumstances:

(a) The permittee or his agent has committed any of the acts enumerated in subsections 40A-1.205(1) or (2), F.A.C., or

(b) The permittee has not proceeded in a timely fashion to construct the authorized facilities and the permit has automatically expired pursuant to Rule 40A-44.321, F.A.C.

(2) The conversion of a project to any use other than forestry or agriculture shall result in the revocation of the permit and be subject to the applicable provisions of Chapter 403, F.S., and Chapter 62-330, F.A.C.

(a) The revocation of a permit under this provision shall require the removal of the surface water management facility, restoration of topography, and the stabilization of the site to prevent water quality impacts and erosion. The removal of the facility shall not be required, if the permittee provides for the redesign of the facility and is granted authorization by the District to alter the facility to meet construction, safety, and water quality standards suitable for the intended use.

(b) The permittee shall be required to dewater the facility immediately and maintain the facility dewatered until the necessary permit and authorizations are obtained and the facility is altered or removed.

(3) The partial conversion of a project’s watershed upstream from the project’s site, under the initial ownership or control of the permittee, to uses other than forestry or agriculture shall require the filing of a permit modification according to the provisions of Rule 40A-44.331, F.A.C.

(a) The permit modification application shall address the new hydraulic characteristics of the facility and provide for its redesign and alteration to meet construction, safety and water quality standards suitable for the intended uses.

(b) The permittee shall be required to undertake any required alteration construction prior to the partial watershed conversion.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.423, 373.429 403.927(3) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13, 3-27-17.

Fla. Admin. Code R. 40A-44.351 Transfer of Permits

(1) Upon timely notice that a permitted project or lands on which the facility is located has been sold or otherwise transferred to a new owner, the permit shall be transferred to a new owner. Until properly transferred the original permittee shall remain responsible for the proper operation and maintenance of the facility.

(3) Requests for transfer of permit shall be made on Form No. A44-D, Acceptance of Transfer of Permit Issued, effective 7-1-92, amended 03/2017, which is hereby incorporated by reference, copies of which can be obtained by contacting the District or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08040, or the District’s website www.nwfwater.com.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416(2), 373.418, 373.426 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 8-6-13, 3-27-17.

Fla. Admin. Code R. 40A-44.381 Limiting Conditions

(1) The Board will impose on any permit granted under this chapter such reasonable conditions as are necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District.

(2) In addition to project specific special conditions, the following limiting conditions will be attached to any permit issued pursuant to this chapter.

(a) The permittee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during the construction period, including required compaction of any fill material placed in or around newly installed structures, to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters.

(b) The authorized facility shall not be determined fully complete, and the Operation and Maintenance Permit shall not become effective, until the “As-Built Certification and Completion Report” required pursuant to subsection 40A-44.301(7) and Rule 40A-44.411, F.A.C., is submitted to the District, and the District has determined the project to have been constructed in accordance with the approved design and any permit conditions stipulated in the construction authorization. The Permittee shall submit to the District a properly executed “As-Built Certification and Completion Report” within 30 days of the completion of the permitted project.

(c) Discharges during construction shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream water stages. Stages may be subject to operating schedules satisfactory to the District.

(d) The permit does not convey to the permittee any property right nor any rights or privileges other than those specified in the permit and Chapter 40A-44, F.A.C.

(e) The permittee, by acceptance of this permit, agrees to its terms and conditions, and agrees to hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the permit.

(f) Prior to any dewatering, plans shall be submitted to the District for approval. In order to be approved, dewatering plans must include a plan view indicating the rate, location, and method of dewatering as well as the discharge location and direction of downstream flow, and demonstrating that all dewatering work and discharges will not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards. Plans shall be submitted to: Northwest Florida Water Management District, Environmental Resource Permitting, 700 US Highway 331 S, Defuniak Springs, FL 32435.

(g) The approved facility and lands owned or controlled by the Permittee shall be used as described and identified in the application. If the facility or those lands become part of a subdivision, development, or are used for purposes other than those identified in the application, the facility shall be dewatered until the required permits are obtained and the facility is properly modified or reconstructed.

(h) The District’s staff, upon proper identification, shall be permitted to enter the land where the permitted facilities are located to inspect and observe the facilities in order to determine compliance with the approved plans, specifications and conditions of the permit.

(3) Permits issued by the District shall be subject to other reasonable conditions as are necessary to assure that the project will not be inconsistent with the overall objectives of the District and will not be harmful to the water resources of the District.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.413, 373.416, 373.418, 373.419, 373.423, 373.426, 403.927 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 3-27-19.

Fla. Admin. Code R. 40A-44.411 Completion Report

Within 30 days after the completion of construction or alteration of any project for which a permit was granted under this chapter, the permittee shall file with the District a completion report prepared and certified in accordance with the certification requirements of subsection 40A-44.301(7), F.A.C.

(1) The “As-Built Certification and Completion Report” Form Nos. A44-B or A44-C amended 7-1-92, which are hereby incorporated by reference, shall identify the permit number and shall certify that the project was completed according to the specifications and standards identified in the application and all conditions stipulated by the District. Copies can be obtained by contacting the District, or online at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02965 or http://www.flrules.org/Gateway/Reference.asp?No=Ref-02966, or at the District’s website www.nwfwater.com. Any minor deviations not subject to the requirements of Rule 40A-44.331, F.A.C., for the permitted facility shall be identified in the report and shall be accompanied by supporting engineering documentation.

(2) The project shall not be determined fully complete and shall not be used to impound or convey water until the required “As-Built Certification and Completion Report,” Form Nos. A44-B and A44-C, is submitted to, and verified by a final inspection by, the District.

History

Rulemaking Authority 373.044, 373.113, 373.418, 403.0877 FS. Law Implemented 373.117, 373.419, 373.423, 403.0877(4) FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 8-6-13.

Fla. Admin. Code R. 40A-44.451 Emergency Authorization

(1) The Executive Director shall grant emergency authorization in accordance with Sections 373.439 and 120.542, F.S. The emergency authorization shall be presented to the Board for concurrence at its next meeting. The failure to receive the Board’s concurrence shall invalidate the emergency authorization.

(2) For projects with pending applications, permission to begin construction of works prior to the issuance of a permit may be applied for to the Governing Board, in writing, when emergency conditions justify. A serious set of unforeseen or unforeseeable circumstances must exist to create an emergency.

History

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.439 FS. History–New 10-1-84, Amended 8-6-13.

Fla. Admin. Code R. 40A-44.461 Inspections

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.423 FS. History–New 10-1-84, Repealed 7-1-98.

Fla. Admin. Code R. 40A-44.901 Forms

All District forms are available at the following District office:

DeFuniak Springs Service Office, 700 US Highway 331 S, DeFuniak Springs, FL 32435.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.418, 373.4136 FS. Law Implemented 373.116, 373.413, 373.416, 373.426, 373.418 FS. History–New 10-1-84, Amended 7-1-92, 8-6-13.

Division 40E South Florida Water Management District

Chapter 40E-0 EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Fla. Admin. Code R. 40E-0.101 Scope

This chapter contains rules for which the South Florida Water Management District has been granted specific exceptions to Title 28, F.A.C., Uniform Rules of Procedure, by the Administration Commission pursuant to Section 120.54(5), F.S. Each rule listed in this chapter is also listed within its corresponding, substantive rule chapter within Title 40E, F.A.C.

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98.

Fla. Admin. Code R. 40E-0.102 Time for Consideration of Emergency Petition for Variance or Waiver

Notwithstanding Rule 28-104.005, F.A.C., when a petition for an emergency variance or waiver requires action by the District, the District shall grant or deny a petition for emergency variance or waiver within 30 days of its receipt or at the next regularly scheduled meeting for which notice may be properly given.

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5), 373.079, 373.083 FS. History–New 7-2-98, Amended 10-23-12.

Fla. Admin. Code R. 40E-0.103 Procedures for Processing Permit Applications

History

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-0.105 Consideration of Intended Agency Decision on Permit Applications

History

Rulemaking Authority 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 3-22-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-0.107 Emergency Action

(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources.

(2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order.

(3) The procedures under this rule are provided in addition to the procedures set forth in Rule 28-106.501, F.A.C.

History

Rulemaking Authority 120.54(5), 120.60, 373.439 FS. Law Implemented 120.54(5), 120.60, 373.439 FS. History–New 7-2-98.

Fla. Admin. Code R. 40E-0.108 Emergency Authorization

(1) Permission to initiate activities regulated under Chapter 373, F.S., prior to the issuance of a permit or authorization of use may be applied for, in writing, when emergency conditions justify. However, no such permission shall be granted unless the proposed use is already under consideration for a permit under District rules. Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of an emergency authorization.

(2) The Executive Director may grant an emergency authorization pursuant to Section 373.119(2), F.S. The emergency authorization shall be presented to the Governing Board for concurrence at its next regularly scheduled meeting. Failure to receive the Governing Board’s concurrence shall automatically invalidate the emergency authorization.

History

Rulemaking Authority 120.54(5), 120.60, 373.439 FS. Law Implemented 120.54(5), 120.60, 373.439 FS. History–New 7-2-98, Amended 6-12-00.

Fla. Admin. Code R. 40E-0.109 Point of Entry Into Proceedings and Mediation

Point of entry into proceedings determining substantial interests are governed by Rule 28-106.111, F.A.C., and this section.

(1)(a) “Receipt of written notice of agency decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.

(b) If notice is published pursuant to this chapter, publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received.

(2) If the District takes action which substantially differs from the notice of intended agency decision, the applicant or persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, F.A.C., unless otherwise provided by law. The District action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed.

(3) Notwithstanding Rule 28-106.111, F.A.C., intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, F.S., shall provide a 14 day point of entry to file petitions for administrative hearing under Rule 28-106.111, F.A.C.

History

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.079, 373.083, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 3-22-09, 10-23-12.

Fla. Admin. Code R. 40E-0.111 Exemptions and Variances for Well Construction Permits

(1) The board finds that compliance with all the requirements of Chapter 40E-3, Part I, F.A.C., may result in an undue hardship for the construction, repair or abandonment of certain wells.

(2) Any affected person may request an exemption from any or all of these rules for an individual well by making written request which must include those specific requirements for which an exemption is requested, any alternate or substitute methods or conditions considered appropriate, and reasons why the exemption is considered necessary.

(3) The District shall grant the exemption by way of a variance if the proposal is in accordance with accepted public health and sanitary engineering principles and practices and will not adversely affect the water resource. The variance shall be the minimum necessary to ameliorate the hardship.

(4) If the request is for a variance from the requirement of obtaining a water use permit, the applicant must demonstrate that an application has been filed and a compelling necessity exists to commence the construction, repair or modification of a well while an application for a water use permit is pending. Issuance of the variance will not be evidence of any entitlement to the water use permit.

(5) Upon issuance of a variance the District shall impose such special conditions as may be necessary to protect the intent and purpose of Chapter 373, Part III, F.S., and this chapter.

(6) The variance under this rule is provided in addition to the variance and waiver procedures set forth in Rule 28-104, F.A.C., which implements Section 120.542, F.S.

History

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.54(5), 373.303, 373.308, 373.313, 373.316, 373.326 FS. History–New 9-2-98, Amended 6-12-00.

Fla. Admin. Code R. 40E-0.113 Variances from Specified Review Criteria for Environmental Resource Permits

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.414(17) FS. Law Implemented 403.201 FS. History–New 9-2-98, Amended 6-12-00, 6-26-02, 10-23-12, Repealed 10-1-13.

Fla. Admin. Code R. 40E-0.115 Variances from Water Use Restrictions

(1) All users requesting relief from the provisions of Chapter 40E-21, F.A.C., shall file an application for variance but must conform to water use restrictions until the Executive Director grants a temporary variance or the Board grants the variance.

(2) Criteria for Issuance – No application for variance shall be granted unless the applicant provides reasonable assurances that the variance will not otherwise be harmful to the water resources of the District and affirmatively demonstrates that one or more of the following circumstances exists:

(a) The variance is essential to protect health or safety, or

(b) Compliance with the particular rule or order from which a variance is sought will require measures which, because of their extent or cost, cannot be accomplished within the anticipated duration of the shortage, or

(c) Alternative restrictions which achieve the same level of demand reduction as the restrictions from which a variance is sought are available and are binding and enforceable, or

(d) The applicant is a public or private utility that demonstrates that special circumstances exist which necessitate the issuance of a variance, or

(e) The applicant’s source of water includes an approved aquifer storage and recovery installation or a water reclamation project.

(3) Limiting Conditions – Variances granted shall be subject to the following conditions:

(a) The variance granted shall be the minimum necessary to alleviate the circumstance for which the variance was requested under subsection (2).

(b) All variances shall expire upon a declaration by the Board that a water shortage no longer exists or when a more restrictive water shortage declaration is made, unless the Board specifies that the variance shall be in effect for a longer period of time, provided however that variance conditions which require the applicant to modify water use facilities shall remain in full force and effect until such modifications have been completed. However, when a new application for variance is filed within seven working days of the effective date of a more restrictive water shortage declaration, the existing variance shall remain in effect until final agency action on the application.

(c) Variances granted under paragraph (2)(b) may prescribe a timetable for compliance with the restrictions from which a variance was sought.

(4) Applications for Variance – The application shall contain the following:

(a) The applicant’s name, address, telephone number and location of the property for which relief is requested.

(b) The specific rule, order, water shortage phase or restriction from which the applicant is requesting relief.

(c) A detailed statement of the facts which the applicant believes demonstrate that the request qualifies for a variance under subsection (2), including reports by qualified technical experts.

(d) A description of the relief desired.

(e) The period of time for which the variance is sought, including the reasons and facts in support thereof.

(f) The damage or harm resulting or which may result to the applicant from compliance with the rule or order.

(g) If the variance is sought under paragraph (2)(b), information identifying the restrictions which currently can be met, a description of the measures which would be necessary to meet all restrictions and the date when these measures could be completed.

(h) If the applicant is the owner or operator of a golf course whose need for a variance arises from the operational inability of its irrigation system or works to meet the front nine-back nine requirement in Chapter 40E-21, Part V, F.A.C., the applicant shall submit a map showing the proposed alternative division of the course in-half and an explanation of the applicant’s proposed irrigation scheme.

(i) For applications for variance from restrictions on irrigation, a general description of the irrigation system, including pump or water system output and irrigated area, and

(j) Any other information, the applicant believes is material.

(5) Procedures.

(a) Within ten working days after receipt of a complete application for variance, which contains the information listed in subsection 40E-21.275(4), F.A.C., the staff shall recommend to the Executive Director whether the application complies with the provisions of subsections (2) through (4). The recommendation shall be in writing and shall constitute proposed agency action. The District shall set forth in writing the grounds or basis for denial of the variance and inform the applicant of the right to a hearing on the denial of the application by filing a petition. A copy of the recommendation shall be forwarded to the applicant. Any petition for hearing on an application for variance shall be considered a petition for informal proceedings in accordance with subsection 40E-1.571(2), F.A.C.

(b) The Executive Director or his designee shall review the application and the staff recommendation. Applications which do not require immediate action or which do not comply with the provisions of subsections (2) through (4) may be deferred for Board action. Applications which require immediate action and which comply with the provisions of subsections (2) through (4) may be temporarily granted by the Executive Director or his designee. Temporary variances granted by the Executive Director or his designee shall be presented to the Board for concurrence, rejection or modification.

(c) The Board shall consider all deferred applications as well as those temporarily granted by the Executive Director or his designee, at its next regularly scheduled meeting. The Board may grant, or deny the deferred applications and may concur in, reject or modify those variances temporarily granted by the Executive Director or his designee. All Board action denying applications for variances shall be by written order and copies shall be furnished to the applicant and the appropriate law enforcement officials. An applicant whose variance has been granted shall be furnished an appropriate notice of water shortage variance and any attachments which shall be prominently displayed at the applicant’s place of use.

(d) The Board may revoke or modify a variance when it determines that the continued utilization of the variance is inconsistent with the objectives of the District.

(6) The variance under this rule is provided in addition to the variance and waiver procedures set forth in Rule 28-104, F.A.C., which implements Section 120.542, F.S.

History

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 9-2-98, Amended 6-12-00.

Chapter 40E-1 GENERAL AND PROCEDURAL

Fla. Admin. Code R. 40E-1.001 Policy, Objectives and Implementation Dates

History

Rulemaking Authority Chapter 25270 LOF, 373.113 FS. Law Implemented 373.016, 373.113, 373.146 FS. History–New 3-2-74, Amended 1-12-77, Formerly 16K-1.01, 40E-1.01, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.002 Scope of Jurisdictions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.023, 373.069 FS. History–New 3-2-74, Formerly 16K-1.02, 40E-1.02, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.003 Powers and Duties

History

Rulemaking Authority Chapter 25270 LOF, 373.044, 373.113 FS. Law Implemented Chapter 25270 LOF, 373.083(1), 373.103(2), (3), (4), (7) FS. History–New 3-2-74, Formerly 16K-1.03, 40E-1.03, Repealed 11-18-75.

Fla. Admin. Code R. 40E-1.004 Appropriation of Funds

History

Rulemaking Authority 373.113 FS. Law Implemented 373.501 FS. History–New 3-2-74, Formerly 16K-1.04, 40E-1.04, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.005 Definitions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086, 373.106, 373.113 FS. History–New 3-2-74, Amended 7-20-74, 11-18-75, Formerly 16K-1.05, 40E-1.05, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.006 Permits Required

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085 FS. History–New 3-2-74, Amended 11-18-75, Formerly 16K-1.06, 40E-1.06, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.0061 Bond

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.219, 373.413, 373.416 FS. History–New 12-20-74, Formerly 16K-1.06, 40E-1.06, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.0062 Reapplying With Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.219, 373.413, 373.416 FS. History–New 12-20-74, Formerly 16K-1.062, 40E-1.062, Repealed 5-12-76.

Fla. Admin. Code R. 40E-1.007 Power to Enforce

History

Rulemaking Authority 373.113 FS. Law Implemented 373.603 FS. History–New 3-2-74, Formerly 16K-1.07, 40E-1.07, Repealed 11-18-75.

Fla. Admin. Code R. 40E-1.008 General Permit Procedure

History

Rulemaking Authority 120.53(1), 373.113 FS. Law Implemented 120.57, 373.106, 373.109, 373.413, 373.416, 373.426 FS. History–New 3-2-74, Amended 12-20-74, 11-18-75, Formerly 16K-1.08, 40E-1.08, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.009 Filing of Citizen Objection or Complaints

History

Rulemaking Authority 373.113 FS. Law Implemented 373.219(2), 373.229(2) FS. History–New 3-2-74, Formerly 16K-1.09, 40E-1.09, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.010 Administrative Enforcement Procedures

History

Rulemaking Authority 373.113 FS. Law Implemented 373.119 FS. History–New 3-2-74, Formerly 16K-1.10, 40E-1.10, Repealed 11-18-75.

Fla. Admin. Code R. 40E-1.011 Quasi-Judicial Hearings Before the Board

History

Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 12-20-74, Amended 11-18-75, Formerly 16K-1.111, 40E-1.111, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.0111 Parties to Proceedings

History

Rulemaking Authority 120.53(1), 373.113 FS. Law Implemented 120.57, 373.106, 373.109, 373.413, 373.416, 373.426 FS. History–New 3-2-74, Amended 12-20-74, 11-18-75, Formerly 16K-1.08, 40E-1.08, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.021 Definitions

When used in this chapter, Chapters 40E-0, 40E-2, 40E-3, 40E-4, 40E-5, 40E-41, 40E-61 and 40E-63, F.A.C.:

(1) “RegPermitting website” means the District’s website address for e-Permitting at https://www.sfwmd.gov/RegPermitting.

(2) “Electronic filing” means filing or submission of an Environmental Resource, Surface Water Management Permit or Consumptive Use Permit Application; Response to Request for Additional Information; or Request for Permit Transfer at the District’s RegPermitting website. Electronic filing is governed by the provisions of Chapter 668, F.S. If the applicant or sender of electronic data inhibits the ability of the District to store or print the electronic data, it shall not be considered filed with or received by the District. Filings received by the District after 5:00 p.m. shall be deemed filed on the next regular business day.

(3) “Electronic mail” means an electronic or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. Electronic mail received after 5:00 p.m. shall be deemed received on the next regular business day.

(4) “Electronic Posting” means placing notice through a link on the home page of the District’s website.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 668.50 FS. History–New 10-1-06, Amended 10-23-12, 1-19-14, 7-14-14, 8-7-16.

Fla. Admin. Code R. 40E-1.100 Uniform Rules of Procedure and Statement of District Organization and Operation

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.106 Post-Employment Restrictions

(1) For a period of two years following separation of employment, or expiration of term of office, no former specified employee or official shall personally represent another person or entity for compensation before the District in connection with any matter where the person participated personally and substantially, within their last two years of employment or service on the board, and where the person has actual knowledge of the matter.

(2) Such representation is prohibited unless the Executive Director consents to such representation.

(3) This section shall apply to all specified employees hired after November 1, 1997; all employees promoted to a position which is included in the definition of specified employee after November 1, 1997; and all officials appointed after November 1, 1997.

(4) This section does not apply to former specified employees or officials working for another government agency.

(5) For the purposes of this rule, the following definitions shall apply:

(a) “Matter” shall include any judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy or investigation.

(b) “Official” shall mean any member of the Basin Board(s) or Governing Board of the South Florida Water Management District.

(c) “Represent” or “Representation” shall mean actual physical attendance on behalf of an individual or entity, for compensation, at a proceeding before the South Florida Water Management District or personal communications made with any officials, employees, or advisory board members of the South Florida Water Management District in their official capacity, on behalf of an individual or entity, including the filing of documents or the writing of letters on behalf of said individual or entity.

(d) “Specified employee” shall mean any management position within the Executive Council of the District.

History

Rulemaking Authority 112.311, 112.313(13), 373.044 FS. Law Implemented 112.311, 112.313(13) FS. History–New 10-22-97.

Fla. Admin. Code R. 40E-1.1065 Misuse of Public Position

History

Rulemaking Authority 112.311, 112.313(6), 373.044 FS. Law Implemented 112.311, 112.313(6) FS. History–New 10-22-97, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.012 Request for Hearing

History

Rulemaking Authority 120.53, 373.113 FS. Law Implemented 120.53, 120.57, 120.60 FS. History–New 3-2-74, Amended 12-20-74, Formerly 16K-1.12, 40E-1.12, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.013 Petitions for Declaratory Statements

History

Rulemaking Authority 120.56(5) FS. Law Implemented 120.56(5) FS. History–New 12-20-74, Amended 11-18-75, Formerly 16K-1.13, 40E-1.13, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.014 Administrative Determination of Validity of Regulation

History

Rulemaking Authority 120.53 FS. Law Implemented 120.56(2) FS. History–New 12-20-74, Formerly 16K-1.14, 40E-1.14, Repealed 11-18-75.

Fla. Admin. Code R. 40E-1.015 Procedure for Adoption of Rules

History

Rulemaking Authority 120.53(1), 373.113 FS. Law Implemented 120.53(1), 120.54 FS. History–New 12-20-74, Amended 11-18-75, Formerly 16K-1.15, 40E-1.15, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.016 Description of Organization

History

Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a) FS. History–New 12-20-74, Formerly 16K-1.16, 40E-1.16, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.017 Agenda and Scheduling of Meetings and Workshops

History

Rulemaking Authority 120.53(1)(d) FS. Law Implemented 120.53(1)(d) FS. History–New 12-20-74, Formerly 16K-1.17, 40E-1.17, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.018 Procedures Under Consultants’ Competitive Negotiations Act

History

Rulemaking Authority 287.055(3)(b) FS. Law Implemented 287.055 FS. History–New 12-20-74, Formerly 16K-1.18, 40E-1.18, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.090 Forms and Instructions

History

Rulemaking Authority 373.044, 373.113, 120.53(1)(b) FS. Law Implemented 373.084, 373.106, 373.229, 373.413(2), 120.52(14), 120.53(1)(b) FS. History–New 4-11-78, Formerly 16K-1.90, 40E-1.90, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.101 General

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 373.044, 373.113 FS. History–New 9-3-81, Formerly 16K-1.01, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.102 Definitions

History

Rulemaking Authority 120.54(10), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.019 FS. History–New 9-3-81, Formerly 16K-1.05, 40E-1.16K-1.011(1), Amended 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.103 The District

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53(1), 373.113 FS. History–New 9-3-81, Formerly 16K-1.01, 16K-1.02, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.104 The Governing Board

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.073, 373.103 FS. History–New 9-3-81, Amended 5-11-91, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.105 General Description of District Organization and Operations

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53(1)(a), 373.079(4), (5), 373.103 FS. History–New 9-3-81, Formerly 16K-1.16(2), Amended 5-11-93, 4-16-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.107 Basins Within the District

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 373.069(3)(e), 373.0693(9), (10) FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.121 General Information Concerning the District

History

Rulemaking Authority 120.56(1), 373.044, 373.113 FS. Law Implemented 120.53(1), 373.079, 373.113 FS. History–New 9-3-81, Formerly 16K-1.16(5), (6), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.123 Statutory Chapters and Rules

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), (2), 373.113 FS. History–New 9-3-81, Formerly 16K-1.01, 16K-1.02, 16K-1.16(1), (3), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.125 Public Information and Inspection of Records

History

Rulemaking Authority 119.01, 119.085, 120.53, 282.303(1), 286.011, 373.044, 373.113 FS. Law Implemented 119.01, 119.07, 119.021, 119.085, 120.53, 286.011, 373.044, 373.113 FS. History–New 9-3-81, Formerly 16K-1.16(4), (7), Amended 5-11-93, 9-19-95, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.132 District Clerk and Official Reporter

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.52(9), 120.53(1), (2)(h), (c), (3), (4), 120.54(10), 120.59(1), 373.171 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.133 Public Access

History

Rulemaking Authority 119.07, 120.53, 373.044, 373.044, 373.113 FS. Law Implemented 119.07, 119.08, 120.53(3), 373.113 FS. History–New 9-3-81, Formerly 16K-1.16(4), Transferred to 40E-1.138.

Fla. Admin. Code R. 40E-1.1335 Final Order Indexing

History

Rulemaking Authority 119.533 FS. Law Implemented 120.53(2)-(4), 120.533, 373.113 FS. History–New 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.134 Final Orders Required to be Indexed

History

Rulemaking Authority 120.53, 120.533, 373.044, 373.113 FS. Law Implemented 120.53(2)(a)3., (d) FS. History–New 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.135 Listing of Final Orders

History

Rulemaking Authority 120.53, 120.533 FS. Law Implemented 120.53(2)(a)4., 120.533 FS. History–New 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.136 Numbering of Final Orders

History

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.137 Maintenance of Final Orders

History

Rulemaking Authority 119.041, 120.533(1)(j) FS. Law Implemented 119.041, 120.533 FS. History–New 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.138 Public Access

History

Rulemaking Authority 119.07, 120.53, 373.044, 373.113 FS. Law Implemented 119.07, 119.08, 120.53(3), 373.113 FS. History–New 9-3-81, Formerly 16K-1.16(4), 40E-1.113, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.139 Complaints under the Americans with Disabilities Act

(1) It is the policy of the District to provide an equal opportunity for access to District services, programs, activities, and facilities which are held open to the public by handicapped and disabled persons in keeping with Title III of the Americans With Disabilities Act of 1990, 42 USC 12101, et seq., and the regulations which implement the Act, 28 CFR 35.

(2) Interested persons may obtain information concerning handicapped and disabled accessibility to the District’s services, activities, programs, and facilities which are held open to the public by contacting the facilities manager.

(3) Any affected person may file a complaint alleging discrimination on the basis of handicapped or disabled inaccessibility of District services programs, activities and facilities which are held open to the public.

(a) Complaints shall be filed with the facilities manager and shall specify to the best of the complainant’s knowledge, the location and nature of the conduct or circumstances complained of;

(b) The complaint must be signed by the complainant or authorized representative and contain an address or telephone number where the complainant can be reached;

(c) The District shall promptly investigate the complaint and may require the complainant to furnish any additional information reasonably necessary to aid investigating the complaint;

(d) The District shall promptly provide to the Complainant a written decision which documents why the decision is consistent with the provisions of the Americans With Disabilities Act and the regulations which implement the Act.

(4) The complaint procedure established by this subsection is intended to provide a prompt informal method of dispute resolution. Failure to file a complaint pursuant to this subsection will not preclude an affected person from following other remedies which may be available under state and federal law. A District decision regarding a complaint shall not be considered an agency action pursuant to Chapter 120, F.S.

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS., 28 CFR 35.106, 35.107 Law Implemented 120.53, 286.26, 373.083 FS. CFR 35.106, 35.107 FS. History–New 5-11-93.

Fla. Admin. Code R. 40E-1.200 Procedures for Agendas and Scheduling of Meetings and Workshops

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.201 Notice of Meeting or Workshop and Telecommunications

History

Rulemaking Authority 120.53(6), 373.044, 373.113 FS. Law Implemented 120.52(5), 120.53, 120.53(1)(d), (6), 373.079 FS. History–New 9-3-81, Formerly 16K-1.17(1), (8), Amended 5-11-93, Repealed 5-2-98.

Fla. Admin. Code R. 40E-1.203 Agenda of Public Meetings and Workshops

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1)(d), 373.113 FS. History–New 9-3-81, Formerly 16K-1.17(2)-(6), (8)(a), (9), Amended 1-31-89, 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.207 Emergency Meetings

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1)(d) FS. History–New 9-3-81, Formerly 16K-1.17(7), Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.208 Procedure for Abstaining from Voting Conflicts of Interest

History

Rulemaking Authority 112.3143, 120.53(1), 373.044, 373.113 FS. Law Implemented 120.53, 373.079 FS. History–New 5-11-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.300 Rulemaking Procedures

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.301 Commencement of Proceedings

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 373.113 FS. History–New 9-3-81, Formerly 16K-1.15(1), (2), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.303 Notice of Proceeding and the Proposed Rules

History

Rulemaking Authority 120.53, 373.044, 373.113, 373.1725 FS. Law Implemented 120.53(1), 120.54(1)(d) FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.307 Content of Notice

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.54(1), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.311 Petitions to Initiate Rulemaking Proceedings

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.54(5), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.313 District Action on Petitions to Initiate Rulemaking Proceedings

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.54(5), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.327 Rulemaking Materials

History

Rulemaking Authority 120.53 FS. Law Implemented 120.54, 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.330 Rulemaking Proceedings – No Hearing

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.54(3), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.331 Rulemaking Proceedings – Hearing

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.54(3)(a), (6), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.335 Incorporation by Reference

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 373.113 FS. History–New 9-3-81, Formerly 16K-1.15(1), (2), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.337 Emergency Rule Adoption

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.54(9), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.400 Procedures Regarding Declaratory Statements

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.401 General

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.565, 120.73, 373.113 FS. History–New 9-3-81, Formerly 16K-1.13(1), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.405 Purpose and Use of Declaratory Statement

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.565, 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.407 District Disposition

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.565, 373.113 FS. History–New 9-3-81, Formerly 16K-1.13(2), (3), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.500 Procedures for Proceedings which Determine Substantial Interests and Associated Mediation

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.501 Scope of Part V

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.54(16), 120.57, 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.503 Computation of Time

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.57 FS. History–New 9-3-81, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.504 Parties

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.52(12), 120.57, 373.113 FS. History–New 9-3-81, Formerly 16K-1.111(1)-(4), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.505 Appearances; Criteria for Authorized Representation

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.62(2), 373.113 FS. History–New 9-3-81, Formerly 16K-1.111(5), Repealed 5-11-93.

Fla. Admin. Code R. 40E-1.506 Consolidation

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.57, 373.113 FS. History–New 9-3-81, Repealed 5-11-93.

Fla. Admin. Code R. 40E-1.5095 Publication of Notice of Agency Decision or Intended Agency Decision

History

Rulemaking Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 373.146, 373.413, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended 6-12-00, 10-1-06, Repealed 12-1-11.

Fla. Admin. Code R. 40E-1.511 Point of Entry Into Proceedings

History

Rulemaking Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 7-26-87, 5-11-93, 10-3-95, 7-2-98, 6-12-00, 10-1-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.520 Procedures Concerning Formal Proceedings

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.521 Initiation of Formal Proceedings

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 373.113 FS. History–New 9-3-81, Formerly 16K-1.09(1), 16K-1.112(1)-(3), 16K-1.12, Amended 5-11-93, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.564 Exceptions to Recommended Order

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 373.113 FS. History–New 9-3-81, Formerly 16K-1.11(10), Amended 5-11-93, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.565 Final Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.59, 120.60 FS. History–New 9-3-81, Formerly 16K-1.11(1)-(4), Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.570 Procedures Concerning Informal Proceedings

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.571 Informal Proceedings

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2), 373.113 FS. History–New 9-3-81, Amended 5-11-93, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.572 Submission of Evidence

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2) FS. History–New 9-3-81, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.573 Final Order

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(2) FS. History–New 9-3-81, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.601 General

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.085, 373.116, 373.119, 373.175, 373.229, 373.239, 373.243, 373.246, 373.413, 373.416, 373.429, 373.433, 373.436, 373.439 FS. History–New 9-3-81, Amended 5-11-93, 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.6015 Delegation of Authority Pertaining to General Environmental Resource Permits, General Surface Water Management Permits and Associated Sovereign Submerged Lands Authorizations

History

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law Implemented 120.53, 373.016, 373.118 FS. History–New 4-1-96, Transferred to 40E-40.061.

Fla. Admin. Code R. 40E-1.602 Permits Required

Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities:

(1) A water use individual or general permit pursuant to Chapter 40E-2, F.A.C., must be obtained prior to use or withdrawal of water or dewatering activities;

(2) A water well construction permit pursuant to Chapter 40E-3, F.A.C., must be obtained prior to the construction, repair or abandonment of any well within the District;

(3) A water well contractor’s license, pursuant to Chapter 40E-3, F.A.C., must be obtained by contractors engaged in the business of construction, repair, or abandonment of water wells.

(4) An environmental resource permit pursuant to Chapter 62-330 or 40E-4, F.A.C., or, an individual or general surface water management or wetland resource permit grandfathered pursuant to Sections 373.414(11)-(16), F.S., must be obtained prior to:

(a) Construction, alteration, operation, maintenance, repair or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works including dredging or filling as prescribed by District rule,

(b) Establishment and operation of a mitigation bank.

(5) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.

(6) A proprietary authorization pursuant to Chapters 253 and 258, F.S., is required and shall be reviewed by the District for all activities which require a permit under Chapter 62-330 or 40E-4, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., and which are located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 373.427, F.S., Chapter 18-21, F.A.C. and Rule 18-18.014, F.A.C.

(7) An artificial recharge permit pursuant to Chapter 40E-5, F.A.C., must be obtained prior to construction of any project involving artificial recharge or the intentional introduction of water into any underground formation;

(8) A Works or Lands of the District permit pursuant to Chapter 40E-6, F.A.C., must be obtained prior to connecting with, placing structures in or across, discharging into or making use of works of the District and any additional lands or real property interests owned by the District.

(9) An Occupancy or Use of the C-18 Right of Way general or individual permit pursuant to Chapter 40E-6, F.A.C., must be obtained prior to constructing, planting, maintaining, pruning, mooring boats, and placing other items on, across, under, or upon District lands and works along the C-18 canal right of way.

(10) A Use of Works of the District within the Everglades general, individual or master permit pursuant to Chapter 40E-63, F.A.C., must be obtained by any owner of a parcel of land in the Everglades Agricultural Area.

History

Rulemaking Authority 373.044, 373.113, 373.4131, 373.4135 FS. Law Implemented 120.60, 373.085, 373.106, 373.116, 373.118, 373.119, 373.171, 373.216, 373.309, 373.323, 373.413, 373.414, 373.416 FS. History–New 9-3-81, Formerly 16K-1.06, Amended 7-26-87, 5-11-93, 10-3-95, 4-1-96, 10-1-13, 7-14-14, 4-17-24.

Fla. Admin. Code R. 40E-1.6025 Permit Applications Processed by District Service Centers

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1) FS. History–New 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.603 Application Procedures for Processing Permit Applications or Notices of Intent

(1) Application procedures for environmental resource permits are set forth in Chapter 62-330, F.A.C. The following procedures for processing permit applications or notices of intent apply in addition to the requirements of Section 120.60, F.S., and Chapter 28-106, F.A.C.

(a) Within 30 days of receipt of an application or notice of intent, the District shall review the application to determine whether all information needed to evaluate the application has been submitted. The District shall notify the applicant of the date on which the application is declared complete.

(b) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt. The applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District.

(c) The District may request information needed to clarify any additional information submitted by the applicant, or to answer new questions raised by or related to the additional information within 30 days of its receipt. The applicant shall have 30 days from receipt of such a request in which to provide the necessary information. If the application is still incomplete after such information is submitted, the District shall notify the applicant within 30 days. The applicant shall have an additional 30 days to complete the application.

(d) Failure of an applicant to provide the timely requested information within these timeframes shall be considered grounds for denial of the application. Denial of an application for lack of completeness is without prejudice to the applicant’s right to file a new application on the same subject matter. The District shall grant an extension upon a showing of a good faith effort by the applicant to comply with the timelines set forth herein. Unless an extension of time has been granted by the District, any application which remains incomplete 240 days after the original submittal date of an individual permit application or 90 days after the original submittal date of a notice of intent for general permit, shall be denied without prejudice.

(e) If the applicant submits information, either in response to or independent of a request by the District, which incorporates or results in a substantial modification in the proposed activity for which the applicant seeks a permit, the application will be considered an amended application. For purposes of this subsection, the term “substantial modification” shall mean a modification reasonably expected to result in water resource or environmental impacts which differ from those expected from the original application and require detailed review. Review timelines of the permit application or notice of intent will be reinitiated under this section.

(2) Upon a determination by the District that the activity requested in the notice of intent for any general permit requires an individual permit, the notice of intent shall be processed as an application for an individual permit, unless the permit applicant withdraws the application. If the application is processed as an individual permit, the permit applicant will be required to submit payment equal to the difference between the applicable fee for the individual permit and the fee previously submitted.

(3)(a) Agency action on all other individual permits and standard permits shall occur within 90 days of receipt of a complete application, including receipt of all requested information and correction of any error or omission of which the applicant was timely notified.

(b) An authorization to proceed for noticed general water use permits in Chapter 40E-2, F.A.C., shall occur within 30 days of receipt of a complete notice of intent, unless a notice that the project does not qualify for the noticed general water use permit is sent by regular United States mail or electronic mail by the District within 30 days. If notice that the proposed project does not qualify for a noticed general water use permit is sent to the applicant, the review process under subsection (1) shall be initiated or the applicant shall be required to apply for the appropriate permit.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 120.60, 373.085, 373.107, 373.109, 373.116, 373.118, 373.229, 373.309, 373.323, 373.4131, 373.4141, 373.417, 373.421, 373.422 FS. History–New 9-3-81, Formerly 16K-1.08(1)-(8), Amended 7-1-86, 7-26-87, 11-21-89, 5-11-93, 10-3-95, 4-1-96, 7-2-98, 6-12-00, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14.

Fla. Admin. Code R. 40E-1.604 Bond

(1) The Board may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with terms of the permit, including the proper construction, operation, and maintenance of the facility. The amount of the bond shall be determined by the Board.

(2) The Board may require liability insurance in such amount as the Board may determine endorsed in favor of the District or a hold harmless agreement satisfactory to the Board, in lieu of a bond under subsection (1).

(3) The Board may require that the bond or liability insurance be maintained as a condition of the continued validity of the permit.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.103, 373.219, 373.413, 373.416 FS. History–New 9-3-81, Formerly 16K-1.061.

Fla. Admin. Code R. 40E-1.605 Complaints

History

Rulemaking Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law Implemented 373.219(2), 373.229(2), 373.429 FS. History–New 9-3-81, Formerly 16K-1.09, 16K-2.02(3), Repealed 5-11-93.

Fla. Admin. Code R. 40E-1.6051 Application Procedures for Noticed General Environmental Resource Permits Pursuant to Chapter 40E-400, F.A.C

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.53(1), 120.60, 373.118 FS. History–New 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.6058 Posting, Publication and Requests for Notification of Permit Applications or Notices of Intent

(1) Notice of Receipt of Permit Application or Notice of Intent. Persons who wish to be notified of any permit application or notice of intent which affects a designated geographic area shall notify the District through the District’s RegPermitting website at https://www.sfwmd.gov/RegPermitting, in writing, or by electronic mail, and shall specify their area of interest by county. Requests must be renewed every 6 months. The District shall provide notice through RegPermitting, in writing, or by electronic mail of receipt of application or notice of intent to all persons who have filed in the preceding 6 months a written or electronic request for notification of any application or notice of intent affecting the designated geographic area in which the proposed activity is to occur.

(2) Publication of Notice of Receipt of Permit Application or Notice of Intent.

(a) Within 45 days of receipt of a permit application, the District shall electronically post notice thereof through a link on the home page of the District’s website. Within 45 days of receipt of an application for an individual water use permit; permit for construction or alteration of dams, impoundments, reservoirs, and appurtenant works under Chapter 373, Part IV, F.S.; and permit under Section 403.812, F.S., the District shall publish notice thereof in a newspaper having general circulation as defined in Chapter 50, F.S., in the county in which the activity will occur. Permit applications submitted under Chapter 40E-6, F.A.C., shall not be subject to the requirements of this paragraph.

(b) Within 14 days of filing notice of intent to use a general permit or application for a standard permit, persons qualifying for the use thereof are not required to, but may publish notice of such filing in a newspaper of general circulation, as defined in Chapter 50, F.S., in the area affected by the proposed project. Proof of publication shall be submitted to the District within 14 days of publication.

(c) Published Notice of Use for No Notice General Permits. Publication of notice of use of general permits for which no notice is required to be filed with the District may occur if desired by the permittee. The published notice must be published in a newspaper of general circulation, as defined in Chapter 50, F.S., in the area affected by the proposed project within 7 days of commencing work. If published, proof of publication must be submitted to the district within 14 days of publication.

(3) Interested persons shall have the opportunity to view permit applications through RegPermitting, or inspect a copy of the permit application at the appropriate District Service Center and submit written comments, which shall be considered by the District if received before the District issues proposed agency action concerning the application. Where appropriate, the District shall request that persons submitting comments furnish additional information reasonably necessary to ascertain the nature of the comments.

(4) Persons who wish to be advised of the proposed agency action regarding a particular permit application shall submit through RegPermitting, in writing, or by electronic mail a request for further notice within 14 days of receipt of the notice of application.

History

Rulemaking Authority 373.044, 373.113, 373.116, 373.118 FS. Law Implemented 120.60(3), 373.116, 373.118, 668.50 FS. History–New 10-3-95, Amended 7-2-98, 6-12-00, 10-1-06, 12-15-11, 1-19-14, 4-17-24.

Fla. Admin. Code R. 40E-1.6059 Public Notice Requirements Concerning Receipt of Environmental Resource or Surface Water Management Permit Applications, and Proposed Agency Action

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.60(3), 373.146, 373.413(3), (6) FS. History–New 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.606 Application Procedures for General Water Use Permits

History

Rulemaking Authority 120.53, 373.044, 373.113, 373.118 FS. Law Implemented 120.53(1), 120.60(2), 373.118 FS. History–New 7-31-87, Amended 11-21-89, 5-11-93, 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.6062 Public Requirements for Water Use Permit Applications and Proposed Agency Action

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.60(3), 373.146, 373.129, 373.229 FS. History–New 10-3-95, Repealed 7-2-98.

Fla. Admin. Code R. 40E-1.6065 Consideration of Intended Agency Decision on Permit Applications

(1) After the application for a permit is declared by staff to be complete, the District shall prepare a Staff Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agency decision together with the Staff Review Summary shall be furnished to the applicant and any persons requesting the same pursuant to Rule 40E-1.6058, F.A.C., as applicable. The notice shall state the District Staff’s recommendation that the District approve, deny, or approve with conditions the permit application and the reasons therefore.

(2) The District shall consider the application for a standard right of way occupancy permit at its next regularly scheduled Governing Board meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S. If staff’s recommendation is for denial, the District shall consider the application at its next available regularly scheduled Governing Board meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) In no case shall agency action be taken later than 60 days after the application for a conceptual approval or individual environmental resource permit, or later than 90 days after an individual water use, water well, right of way occupancy, or works of the district permit is declared complete unless waived by the applicant or stayed by the filing of a petition for an administrative hearing. The permit applicant may voluntarily waive the timeline for governing action on the permit application in Section 120.60, F.S., in order to resolve any outstanding issues, including third party objections, regarding the project.

(4) Because the District may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the District. If the District takes final agency action which materially differs from the intended agency decision, the District shall mail by regular United States mail or electronic mail a notice of the final agency action to all persons who were notified of the intended agency decision.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.079, 373.083, 373.4141 FS. History–New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12, 10-1-13, 7-14-14.

Fla. Admin. Code R. 40E-1.607 Permit Application Processing Fees

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order to defray the cost of evaluating, processing, monitoring, and inspecting for compliance required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure of any person to pay the applicable fees established herein will result in denial of an application. Activities that do not require a permit and are exempt pursuant to Rule 40E-2.051 or 40E-3.051, F.A.C., are not subject to the following permit application fees. The District’s permit application processing fees are as follows:

(1) Water Use Permit Application processing fees are in the following table:

TABLE 40E-1.607(1)

PERMIT APPLICATION PROCESSING FEES FOR WATER USE PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTER 40E-2, F.A.C.

Fee amounts shall apply to applications for new permits, permit modifications, and permit renewals, except as noted.

Category

Amount

Individual Permit, except Mining/Dewatering (applies to all durations). Maximum monthly allocation:

Up to 3 million gallons per month (mgm).

$350

Greater than 3 mgm through 15 mgm.

$1,000

Individual Public Water Supply with a duration less than 20 years.

Maximum monthly allocation:

Greater than 15 mgm through 30 mgm

$2,700

Greater than 30 mgm through 300 mgm

$5,500

Greater than 300 mgm

$7,000

Individual Public Water Supply with a duration of at least 20 years.

Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$4,200

Greater than 30 mgm through 300 mgm.

$8,500

Greater than 300 mgm.

$11,500

Individual Irrigation with a duration less than 20 years.

Maximum monthly allocation:

Greater than 15 mgm.

$1,000

Individual Irrigation with a duration of at least 20 years.

Maximum Monthly allocation:

Greater than 15 mgm through 30 mgm.

$1,600

Greater than 30 mgm through 300 mgm.

$3,400

Greater than 300 mgm.

$5,600

Individual Mining/Dewatering.

Standard Individual Permit with a total project duration of up to one year.

$500

Standard Individual Permit with a total project duration of greater than one year.

$1,800

Master Individual Permit.

$4,000

Individual Commercial/Industrial with a duration less than 20 years.

Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$1,400

Greater than 30 mgm through 300 mgm.

$2,750

Greater than 300 mgm.

$3,500

Individual Commercial/Industrial with a duration of at least 20 years.

Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$2,000

Greater than 30 mgm through 300 mgm.

$3,650

Greater than 300 mgm.

$5,600

Individual Diversion and Impoundment with a duration less than 20 years. Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$1,400

Greater than 30 mgm through 300 mgm.

$2,750

Greater than 300 mgm.

$3,500

Individual Diversion and Impoundment with a duration of at least 20 years. Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$2,000

Greater than 30 mgm through 300 mgm.

$3,950

Greater than 300 mgm.

$6,200

Independent Secondary User of a Diversion and Impoundment (applies to all durations).

Maximum monthly allocation:

Greater than 15 mgm through 30 mgm.

$1,000

Greater than 30 mgm through 300 mgm.

$2,000

Greater than 300 mgm.

$3,200

Noticed General Water Use Permit.

Applications for a 30-day backup supply for interrupted reclaimed water service.

$500

Applications filed electronically at https://www.sfwmd.gov/RegPermitting.

$100

Application filed by other means.

$350

Aquifer Storage and Recovery: cost added to the applicable use type listed above.

$1,000

Permit Transfer to Another Entity Pursuant to Rules 40E-0.107 and 40E-2.351, F.A.C.

no fee

Letter Modification.

no fee

General Permit by Rule.

no fee

Withdrawal of Application for Individual or Conceptual Approval Prior to Agency Action – any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the original application was withdrawn, provided the activity is located within all or part of the same project area. In such case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. For resubmittal, within 365 days of an application for the same project that was previously withdrawn under Chapter 40E-2, F.A.C., any fee paid as part of the previous application will be applied toward the fee required for the application under this rule. Processing fees previously paid for an application or notice that was denied by the Agency shall not be applied to a new or revised application or notice.

(2) Water Well Construction Permit Application processing fees are in the following table:

TABLE 40E-1.607(2)

PERMIT APPLICATION PROCESSING FEES FOR WATER WELL CONSTRUCTION PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTER 40E-3, F.A.C.

Category

Amount

Water Well Construction.

$100

Water Well Abandonment.

no fee

(3)(a) Environmental Resource Permit Application processing fees are in the following table:

TABLE 40E-1.607(3)(a)

PERMIT APPLICATION PROCESSING FEES FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTER 62-330, F.A.C.

For the purposes of determining the applicable processing fee, “project area” means the total area wherein works occur as part of an activity requiring a permit under Chapter 373, Part IV, F.S., including all portions of the stormwater management system serving the project area.

Use of the reviewing agency’s electronic self-certification system.

Verification of exemption under Section 373.406 or 403.813(1), F.S. or under Rules 62-330.050 through 62-33.051, F.A.C.

$100

Verification of qualification to use a General Permit.

$250

Individual or Conceptual Approval Permits, excluding Permits for a Mitigation Bank.

a. New applications – the processing fee for a new permit application shall be as determined from the categories below:

(I) Total project area of less than 10 acres and no activities in, on or over wetlands or other surface waters, except where exempt under paragraphs 62-330.051(9)(a) through (c), F.A.C.

$2,000

(II) Project exceeds any of the thresholds in sub-sub-subparagraphs (3)(a)4.a.(I), above involves a total project area of less than 10 acres, less than 1 acre of works (i.e. dredging, filling, construction, or alteration) in, on or over wetlands and other surface waters, AND less than 10 new boat slips.

$3,500

(III) Project exceeds any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(II), above, but involves a total project area of less and 40 acres, less than 3 acres of works in, on or over wetlands and other surface waters, AND less than 30 new boat slips.

$5,500

(IV) Project exceeds any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(III), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on or over wetlands and other surface waters, AND less than 50 new boats ships.

$7,500

(V) Project exceeds any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(IV), above, but involves a total project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters.

$13,125

(VI) Project exceeds any of the thresholds sub-sub-subparagraph (3)(a)4.a.(V), above.

$25,000

(VII) Projects that are exclusively for agriculture or silviculture, and that involve a total project area of less than 10 acres AND less than 1 acre of works (i.e. dredging, filling, construction, or alternatiion) in, on or over wetlands and other surface waters.

$859

(VIII) Projects that are exclusively for agriculture of silviculture, and that exceed any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(VII), above, but involves a total project area of less than 40 acres AND less than 3 acres of works in, on or over wetlands and other surface waters.

$2,444

(IX) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in sub-sub- subparagraph (3)(a)4.a.(VIII), above, but involve a total project area of less than 100 acres AND less than 10 acres of works in, on or over wetlands and other surface waters.

$4,029

(X) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(IX), above, but involve a total project area of less than 640 acres AND less than 50 acres of works in, on or over wetlands and other surface waters.

$5,284

(XI) Projects that are exclusively for agriculture or silviculture, and that exceed any of the thresholds in sub-sub-subparagraph (3)(a)4.a.(X), above.

$6,605

(XII) Individual or Conceptual Permits solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Chapter 373, Part IV, F.S. For the purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to the more healthy, functional, and sustaining condition for fish, wildlife, and listed species.

$250

(XIII) Individual or Conceptual Permit solely to retrofit an existing stormwater management system or systems to add treatment to and reduce stormwater pollutant loadings from the system or systems.

$250

(XIV) An Individual Permit for a phase of construction that is consistent with an existing Conceptual Approval Permit.

$1,500

b. Major Modifications that exceed any of the thresholds in subsection 62-330.315(3), F.A.C.

(I) Major Modification to an Individual or Conceptual Approval Permit that increase the project area.

60% of fee for new permit for the same activity

(II) All other Major Modification.

60% of fee for new permit for the same activity

c. Minor Modifications that do not exceed any of the thresholds in subsection 62-330.315(2), F.A.C.

(I) Time Extensions of Permits, where not exempt from fees under Florida Statutes.

$500

(II) Minor Modifications to correct minor errors that do not involve technical review, to transfer ownership of a permit, or to transfer a permit from the construction to the operation phase.

(III) All other Minor Modifications.

$250

Individual or Conceptual Permits for a Mitigation Bank.

a. New applications.

(I) For a Mitigation Bank with a permit area less than 100 acres.

$7,500

(II) For a Mitigation Bank with a permit area greater than 100 acres but less than 640 acres.

$13,125

(III) For a Mitigation Bank with a permit area of 640 acres or more.

b. Major Modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; constructions or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans:

$25,000

(I) Affecting one of the above components.

20% of the fee under 5.a.

(II) Affective to of the above components.

40% of the fee under 5.a.

(III) Affective three of the above components.

60% of the fee under 5.a.

(IV) Major modifications affecting four or more of the above components of the increase the project

area.

100% of the fee under 5.a.

c. Major Modification that do not involve changes to the components listed in sub-subparagraph

(3)(a)5.b. above, but that exceed any of the thresholds in subsection 62-330.315(2), F.A.C.

100% of the fee under 5.a.

d. Minor Modifications that do not exceed any of the thresholds in subsection 62-330.315(2), F.A.C.

(I) Time Extensions of Permits, where not exempt from fees under Florida Statutes.

$500

(II) To correct minor errors that do not involve technical review, to transfer ownership of a permit, or to transfer a permit from the construction to the operation phase.

(III) All other Minor Modifications.

$250

e. Mitigation Bank Credit Release.

f. Mitigation Bank Credit Withdrawal.

Informal Wetland Determination.

a. Where total area included is less than 1 acre.

$250

b. Where total area included is greater than 1 acre.

$500

Variance or Waiver:

a. Under Section 120.532, F.S.

b. Under Section 373.414(17), F.S.

$1,125

Fee reductions.

a. Applications by an entity qualifying under Section 218.075, F.S., when the fee exceeds $100.00.

$100.00

b. Applications submitted by the U.S. Department of Defense.

c. For resubmittal, within 365 days, of an application for the same project that was previously withdrawn, under subsection 62-330.071(3), F.A.C., any fee paid as part of the previous application will be applied toward the fee required for the application under this rule.

Previously paid fee shall be applied

When used in Table paragraph 40E-1.607(3)(a), F.A.C., “Agriculture” shall be defined as set forth in Section 570.02, F.S.
For permit applications which involve a combination of fee categories, the highest fee that applies shall be charged.
Any individual permit application submitted concurrently with a conceptual approval application – where the individual permit application represents a phase of the conceptual approval application – is exempt from the above environmental resource permit fees.
For projects grandfathered pursuant to Section 373.414, F.S., the letter modification, conceptual approval, individual or general surface water management permit application fee shall be the same as listed in Table paragraph 40E-1.607(3)(a), F.A.C.
The District shall use the Consumer Price Index (CPI) adopted by the United States Department of Labor since the most recently revised fee increase for revising fees under Chapter 373, Part IV, F.S., pursuant to Section 373.109, F.S. The inflation index used is the price paid by all urban consumers for a market basket of consumer goods and services; specifically, the CPI figures for the “CPI-U, U.S. City Average. All Items” established for the previous five years by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi), computed as provided in the BLS publication Bureau of Labor Staticstics Handbook of Methods, Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf).

(b) Permit application processing fees for projects grandfathered pursuant to Section 373.414, F.S., wetland resource (dredge and fill) are in the following table:

TABLE 40E-1.607(3)(b)

PERMIT APPLICATION PROCESSING FEES FOR PROJECTS GRANDFATHERED PURSUANT TO SECTION 373.414, F.S.

WETLAND RESOURCE (DREDGE AND FILL) PERMIT APPLICATIONS

REVIEWED PURSUANT TO CHAPTERS 40E-4, 40E-40, AND 40E-400, F.A.C.

Category

Amount

Construction projects up to and including 5 years.

Standard form projects including dredge and fill activities that affect 10 or more acres of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C. (1993).

$7,500

Short form construction projects including dredging and filling activities that affect less than 10 acres of jurisdictional area, pursuant to subsection area, pursuant to subsection area, pursuant to subsection.

$750

Variance associated with a wetland resource permit application.

From the prohibition of subsection 62-312.080(7), F.A.C.

$132

From other permitting standards, permit conditions, or water quality standards.

$661

General Permits.

$132

Minor modifications of permits that do not require substantial technical evaluation by the District, in conformance with subsections 62-4.050(6) and (7), F.A.C. (1993), do not require a new site inspection by the District, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit:

$66

Transfer of permits or time extensions. Minor technical changes.

Existing permit fee is less than $300, except for modification to permits issued pursuant to Section 403.816, F.S.

$66

Existing permit fee is equal to or more than 300.

$330

For the purposes of determining the fee for wetland resource management permits, the term of duration for the permit shall be reduced by the period of time (in yearly increments) during which no dredging or filling activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance activities are required.The fee for the full term shall be submitted with the application. After the District determines the period of time that the term of the permit can be reduced, the excess fee shall be returned.
For permit applications which involve a combination of the project fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.
A single additional fee of $500 shall be required for projects in which monitoring and evaluation to determine the success of the mitigation will be required beyond the period of time to which the permit fee will ordinarily apply. If it is determined at the time of the permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee shall be due when it is determined that this monitoring and evaluation is required.

(4) Application for proprietary authorization under Chapters 253 and 258, F.S., except consent of use authorizations, processing fees are in the following table:

TABLE 40E-1.607(4)

PERMIT APPLICATION PROCESSING FEES FOR

PROPRIETARY AUTHORIZATIONS UNDER CHAPTERS 253 AND 258, F.S.,

EXCEPT CONSENT OF USE AUTHORIZATIONS

See Chapter 18-21, F.A.C. for application fees for proprietary authorizations, specifically as follows:

18-21.008(1)(a)8., F.A.C.

Applications for Lease (eff. 8-10-05)

18-21.0081(1)(k), F.A.C.

Grandfather Structure Applications (eff. 8-10-05)

18-21.009(1)(g), F.A.C.

Applications for Public Easement (eff. 8-10-05)

18-21.010(1)(i), F.A.C.

Applications for Private Easement (eff. 8-10-05)

18-21.013(1)(l), F.A.C.

Applications to Purchase Lands Riparian to Uplands (eff. 3-27-82)

18-21.019(7), F.A.C.

Applications for Disclaimers, Quitclaim Deeds or Certificates to Clear Title to Filled Sovereignty Lands and for Disclaimers for Lands Lost Due to Avulsion or to Reclaim Lands Lost due to Artificial Erosion or Artificial Erosion and Avulsion (eff. 4-13-98)

(5) Petition for Formal Determination of Wetlands and Other Surface Waters processing fees are in the following table:

TABLE 40E-1.607(5)

DETERMINATION PETITION PROCESSING FEES FOR FORMAL DETERMINATION OF WETLANDS AND OTHER SURFACE WATERS

For the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed in Table subsection 40E-1.607(5), F.A.C.

Category

Amount

Property less than or equal to 10 acres.

$500

Property greater than 10 acres but less than or equal to 40 acres.

$1,000

Property greater than 40 acres but less than or equal to 100 acres.

$1,500

Additional fee per 100 acres (or portion thereof) beyond the first 100 acres.

$350

Reissuance of a Formal Determination.

$350

(6) Permit Processing Fee Waiver for Certain Local Governments.

Notwithstanding the provisions set forth above in this rule, the District shall waive permit processing fees for permit applications submitted by the governing body of a county with a population of less than 50,000, a municipality with a population of less than 25,000, a county or municipality not included within a metropolitan statistical area, or a third party under contract with such a county or municipality, provided:

(a) The project for which the fee waiver is sought serves a public purpose; and

(b) The governing body submits Form No. 889 certifying that the fee reduction is necessary due to an environmental need for a particular project or activity; or

(c) The governing body submits Certification of Waiver of Permit Application Processing Fee, Form No. 0889, certifying that the permit processing fee is a fiscal hardship due to one of the following factors:

Per capita taxable value is less than the statewide average for the current fiscal year;
Percentage of assessed property value that is exempt from ad valorem taxation is higher than the statewide average for the current fiscal year;
Any condition specified in Section 218.503, F.S., that determines a state of financial emergency;
Ad valorem operating millage rate for the current year is greater than 8 mills; or
A financial condition is documented in annual statements at the end of the current fiscal year which indicates an inability to pay the permit processing fee during that fiscal year.

Form 0889, December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00061, is incorporated by reference herein and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6436 or (561)682-6436.

(7) PERMIT APPLICATION PROCESSING FEES FOR MODIFICATION OR TRANSFER OF ENVIRONMENTAL RESOURCE, SURFACE WATER MANAGEMENT OR WORKS OF THE DISTRICT PERMITS FOR PROPERTIES ACQUIRED BY THE DISTRICT PURSUANT TO THE FLORIDA FOREVER WORK PLAN OR SAVE OUR RIVERS LAND ACQUISITION AND MANAGEMENT PLAN:

(a) Modification of existing permits to reflect property ownership changes where no new works or modifications to an existing stormwater management system is requested.

(b) Permit transfer pursuant to Rules 40E-1.6107 and 62-330.340, F.A.C.

History

Rulemaking Authority 373.044, 373.109, 373.113, 373.171, 373.421(2), 373.421(6)(b), 373.4131 FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2), 373.421(6)(b), 403.201 FS. History–New 1-8-89, Amended 1-2-91, 11-15-92, 6-1-93, 1-23-94, 10-3-95, 4-1-96, 11-8-99, 5-24-00, 6-26-02, 7-11-02, 8-10-03, 8-14-03, 11-18-07, 11-1-09, 12-15-11, 10-23-12, 10-1-13, 7-31-14, 9-7-15, 8-7-16, 1-12-26.

Fla. Admin. Code R. 40E-1.608 Denial of Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60 FS. History–New 9-3-81, Amended 10-3-95, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.609 Suspension, Revocation and Modification of Permits

(1) Procedures concerning the District’s suspension, revocation and modification of a permit are contained in the Uniform Rules of Procedure, Rule 28-106.2015, F.A.C.

(2) The District may temporarily suspend or revoke a permit, in whole or in part, when it determines that the permittee or an agent of the permittee has:

(a) Submitted false or inaccurate information on an application or operational report;

(b) Violated Chapter 373, F.S., or portions of Chapter 403, F.S., for which authority has been delegated to the District, and the rules promulgated thereunder, or any other provision of Florida law related to the operations or regulations of the District;

(d) Violated a condition of the permit;

(e) Failed to permit inspection of the subject property.

(3) The District may revoke a permit or modify its terms and conditions when it determines that such action is necessary to protect the public health, safety and welfare, prevent a public or private nuisance, or when the continued utilization of the permit becomes inconsistent with the objectives of the District. In such instances, due consideration shall be given to the extent to which the permittee has detrimentally relied upon the permit.

(4) The provisions of subsections (1) and (2) shall not preclude the District from exercising other enforcement remedies pursuant to Chapters 120, 373 and 403, F.S., when it determines such action is necessary and appropriate either in addition to or instead of suspension or revocation described above.

History

Rulemaking Authority 120.53, 373.044, 373.113, 373.119, 373.129, 373.136 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 373.119, 373.239, 373.243, 373.429 FS. History–New 9-3-81, Amended 5-11-93, 10-3-95, 7-2-98, 6-12-00.

Fla. Admin. Code R. 40E-1.610 Permit Renewal

(1) Holders of renewable permits shall make timely application as required by Rule 40E-1.603, F.A.C., for renewal so as to avoid expiration during the renewal process. When timely application is made, the existing permit shall not expire until final agency action, or if the permit is denied or the terms limited, until the last day for seeking review of the District order or a later date fixed by order of the reviewing court.

(2) Application for a permit renewal is timely only if actually filed at the District prior to expiration of the existing permit. Mailing the application does not constitute filing.

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.60, 373.219, 373.239, 373.323, 373.413 FS. History–New 5-11-93, Amended 6-12-00.

Fla. Admin. Code R. 40E-1.6105 Notification of Transfer of Interest in Real Property

Within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing or electronically at the District’s RegPermitting website, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer. Notification of a transfer shall not constitute a permit transfer pursuant to Rule 40E-1.6107, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.083, 373.171, 373.309, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-1-06.

Fla. Admin. Code R. 40E-1.6107 Transfer of Environmental Resource, Surface Water Management, or Water Use, or Wetland Resource Permit

(1) The procedures for the transfer of environmental resource permits are set forth in Rule 62-330.340, F.A.C. To transfer a surface water management, water use, or wetland resource permit, the permittee, in addition to satisfying the applicable provisions in Rule 40E-2.351, F.A.C., must submit Form No. 0483, (October 1, 2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-02753, Request for Surface Water Management, Water Use, or Wetland Resource Permit Transfer, incorporated by reference herein. Form No. 0483 is also available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 2729, or (561)682-2729.

(2) In addition, the permittee must provide information required in Rule 40E-1.6105, F.A.C., and file a statement from the proposed transferee in writing or at the District’s RegPermitting website that it has reviewed the District permit and project design and will be bound by all terms and conditions of the permit, including all compliance requirements, for the duration of the permit.

(3) The District shall approve the transfer of a permit unless it determines that the proposed transferee cannot provide reasonable assurances that conditions of the permit will be met. The determination shall be limited solely to the ability of the new permittee to comply with the conditions of the existing permit, and it shall not concern the adequacy of those permit conditions.

(4) The District shall approve the transfer of the permit if the requirements in subsections (1) and (2) are met. If the District proposes to deny the transfer, it shall provide both the permittee and the proposed transferee a written objection to such transfer together with the notice of right to request a Chapter 120, F.S., proceeding on such determination.

(5) Until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for any corrective actions that are required as a result of any violations of the permit which occurred prior to the transfer of the permit.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.083, 373.171, 373.219, 373.309, 373.413, 373.4131, 373.414, 373.416, 373.426, 373.429, 373.436, 668.003, 668.004, 668.50 FS. History–New 5-11-93, Amended 10-3-95, 10-1-06, 10-23-12, 10-1-13, 7-14-14, 8-7-16.

Fla. Admin. Code R. 40E-1.611 Emergency Action

History

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History–New 9-3-81, Amended 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.6115 Emergency Authorization

History

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History–New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-1.612 Application Enforcement Action

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 120.68, 120.69, 373.119, 373.129, 373.136, 373.209, 373.433, 373.603 FS. History–New 9-3-81, Amended 5-11-93, Transferred to 40E-1.705.

Fla. Admin. Code R. 40E-1.614 Orders of Corrective Action and Consent Agreements

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 373.119, 373.129, 373.136 FS. History–New 5-11-93, Transferred to 40E-1.705.

Fla. Admin. Code R. 40E-1.615 Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern

(1) This rule applies to applications for environmental resource, surface water management, and water use permits for projects located in the Florida Keys Area of Critical State Concern when the applicant has elected coordinated agency review under Section 380.051, F.S.

(2) The following coordinated agency review procedures apply to projects which are eligible for exemptions from District environmental resource and water use permitting requirements:

(a) No permit and no coordinated agency review participation by the District is required for the water uses exempted by Rule 40E-2.051 (Exemptions), F.A.C., or identified in Rule 40E-2.061, F.A.C.

(b) No permit and no coordinated agency review participation by the District is required for surface water management activities which are exempted by Rule 62-330.051 (Exempt Activities), F.A.C.

(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 (Consumptive Use), 62-330 and 40E-4 (Environmental Resource), F.A.C.:

(a) The Coordinated Review Application shall consist of the application information required by Rules 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), 40E-2.101 (Content of Application) or 62-330.060 (Content of Application), F.A.C.

(b) The District’s Coordinated Review process begins when the District receives the Coordinated Review Application from the Permit Coordinator as required by Section 380.051, F.S.

(c) The District’s Coordinated Review process follows the permit review procedures set forth in Rule 40E-1.603, F.A.C. (Application Procedures for Processing Permit Applications or Notices of Intent).

(d) If the applicant waives the time limits required by Chapter 120 and Section 380.051, F.S., the District shall delay initiation of substantive review until notice is received by electronic mail at the District’s RegPermitting website or in writing from the Permit Coordinator indicating that substantive review should begin. If the applicant does not waive the time limits, the District shall begin substantive review when the Coordinated Review Application is complete.

(e) The Certification of the Coordinated Review Application required by Section 380.051(2)(a), F.S., shall occur within 60 days after the District begins substantive review, and shall consist of the notice of proposed agency action together with the staff report on the individual permit pursuant to Section 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), F.A.C., which may recommend denial to the Governing Board, or approval, or approval with conditions to its designee.

(f) Certification concludes the coordinated agency review process. However, the applicant may complete the permit process as set forth in subsections 40E-1.603(6)-(11), F.A.C., which results in the Governing Board’s denial, or approval, or approval with conditions to its designee.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 380.051 FS. Law Implemented 373.4131, 380.051, 668.003, 668.004, 668.50 FS. History–New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14, 8-7-16.

Fla. Admin. Code R. 40E-1.659 Forms and Instructions

History

Rulemaking Authority 218.075, 373.044, 373.113, 373.171, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History–New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E-1.901, Amended 5-11-93, 4-20-94, 10-3-95, 6-26-02, 8-14-02, 8-31-03, 9-16-03, 9-20-04, 2-12-06, 1-23-07, 8-7-07, 7-4-10, 12-15-11, 5-20-12, 10-23-12, 10-1-13, 7-14-14, 9-7-15, 8-7-16, Repealed 4-17-24.

Fla. Admin. Code R. 40E-1.701 Interagency Agreements

History

Rulemaking Authority 120.54(8), 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 120.54(8), 373.046, 373.403, 373.413, 373.414, 373.413, 373.429 FS. History–New 11-15-92, Amended 1-23-94, Repealed 10-3-95.

Fla. Admin. Code R. 40E-1.702 Environmental Resource, Surface Water Management Permit and Consumptive Use Enforcement Guidelines

The following guidelines apply to the District’s Environmental Resource, Consumptive Use and Surface Water Management Permit enforcement programs:

(1) Adverse impacts to water resources shall be recovered by requiring complete restoration.

(2) In those cases where restoration of the adverse impact is not environmentally feasible, the District shall require mitigation to offset such impacts.

(3) If the violation cannot be resolved in a negotiated, pro-active manner, it is the District’s policy to seek full compliance with District permits and rules through appropriate legal action.

(4) The District shall provide for prompt resolution of enforcement matters in a manner that best protects the public interest and water resources.

(5) The District shall ensure that violators do not gain an economic advantage over competitors by circumventing District permitting requirements. Enforcement action shall be designed to remove any economic advantage resulting from the failure to comply with District permits and rules.

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 120.62, 120.69, 373.083(2), 373.119, 373.129, 373.136, 373.430, 373.433, 373.603 FS. History–New 10-3-95, Amended 7-2-98, 8-7-16.

Fla. Admin. Code R. 40E-1.705 Administrative Enforcement Action

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1)(b), (c), 120.60(2), 120.68, 120.69, 373.119, 373.129, 373.136, 373.209, 373.433, 373.603 FS. History–New 9-3-81, Amended 5-11-93, Formerly 40E-1.612, Amended 10-3-95, 7-2-98, Repealed 6-12-00.

Fla. Admin. Code R. 40E-1.711 Orders of Corrective Action and Consent Orders

(1) Orders of Corrective Action.

(a) An order of corrective action may accompany and be served with an administrative complaint upon an alleged violator pursuant to Rule 28-106.2015, F.A.C. An order of corrective action shall include a description of remedial action, with implementation timeframes, and shall, if applicable, set forth any damages, costs of investigation, or other demands that the District is authorized to recover pursuant to Chapter 373 or 403, F.S. Unless a responsive pleading and request for a Section 120.57, F.S., administrative hearing is filed within fourteen (14) days after service of the order of corrective action, the order for corrective action shall become final and effective, and shall constitute a final adjudication of the matters alleged, subject only to judicial review under Chapter 120 or 373, F.S.

(b) Orders of corrective action, which constitute final agency action, shall be enforceable pursuant to the enforcement provisions in Chapters 373 and 403, F.S.

(2) Consent Order.

(a) A consent order is final agency action wherein all parties and the District, by negotiation, have arrived at a resolution of alleged violations of law for the purpose of achieving full and expeditious compliance with Chapters 373 and 403, F.S., and District rules promulgated thereunder. A consent order, executed by all parties to an enforcement action, shall have the same force and effect as a final order entered by the District after a formal Section 120.57, F.S., administrative hearing, and shall be enforced in like manner.

(b) The resolution of an enforcement action which requires only the payment of civil penalties and costs but no corrective action shall be memorialized by use of a letter agreement. Any other remedial action required, such as mitigation, restoration, or procurement of permits shall be implemented by use of a consent order.

(c) Upon execution by the Chair of the Governing Board, or a duly authorized designee, and filing by the District Clerk, a consent order shall constitute agency action subject to the provisions of Rule 40E-0.109, F.A.C.

(3) A non-exempt system which is constructed, operated, altered, maintained, removed or abandoned without a permit shall be restored to its pre-violation condition, unless a permit application for such activity is approved by the District.

History

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 373.119, 373.129, 373.136, 373.430, 373.603 FS. History–New 5-11-93, Formerly 40E-1.614, Amended 10-3-95, 10-23-12.

Fla. Admin. Code R. 40E-1.715 Civil Penalty Calculation

(1) The District has the authority under Section 373.129, F.S. to assess civil penalties of up to $15,000 per day, per violation.

(2) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and regulations, the District shall consider in its assessment of civil penalties any economic benefit which the violator may have gained through noncompliance.

(3) Multiple penalties shall be calculated for every violation which constitutes an independent and substantially distinguishable violation, or when the same person has violated the same requirement in substantially different locations.

(4) Multi-day penalties shall be calculated where daily advantage is being gained by the violator for an ongoing violation, computed by multiplying the original assessment amount by the number of days of noncompliance.

History

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.333(1) FS. Law Implemented 120.69, 373.129, 373.209(3), 373.430, 373.603 FS. History–New 10-3-95, Amended 10-23-12, 4-17-24.

Fla. Admin. Code R. 40E-1.721 Complaints, District Investigations, Probable Cause Determinations and Notices of Violations

(1) Any person may file a written complaint with the District alleging that a person is in violation of any of the provisions of Chapter 373, F.S., or provisions of Chapter 403, F.S., for which authority has been delegated to the District, or the rules promulgated thereunder or an order issued pursuant thereto. Any person may file a written complaint alleging that a lawfully issued District permit is causing a public or private nuisance. District investigations and probable cause determinations preliminary to District action are not subject to the provisions of Section 120.57, F.S., or the rules in this part promulgated thereunder.

(2) The complaint shall specify to the best of complainant’s knowledge the identity of the alleged violator, the location and nature of the alleged violation, and any additional information deemed relevant or material by the complainant. The complaint must be signed by the complainant or the complainant’s agent and contain an address or phone number where the complainant can be reached. The District shall request that the complainant to furnish any additional information reasonably necessary to aid in investigating the complaint.

(3) Upon receipt of a complaint filed pursuant to this section, the District shall conduct an investigation and make a determination of probable cause. Nothing in this rule shall preclude the District from conducting investigations and probable cause determinations as otherwise authorized or required by law.

(4) An investigation or determination of probable cause is a non-adversary executive function to discover or procure evidence as part of the fact finding function of the District. The District need not have an administrative complaint pending to conduct an investigation or make such a determination.

(5) Upon receipt of a field inspection or investigation report and upon a finding of probable cause, District staff are authorized to issue a Notice of Violation providing instructions for compliance with Chapter 373, F.S., and all applicable District rules. Nothing in this rule shall preclude the District from seeking injunctive relief or filing any other action that is authorized by Chapter 373, F.S.

History

Rulemaking Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57(4), 373.219(2), 373.229(2), 373.333(2), 373.429 FS. History–New 9-3-81, Formerly 16K-1.09, 16K-2.03(3), Amended 5-11-93, Formerly 40E-1.510, Amended 10-3-95.

Fla. Admin. Code R. 40E-1.800 Lobbyist Registration

(1) A person who is a “lobbyist” as defined in Section 112.3215, F.S., may not lobby the South Florida Water Management District (the “District”) until he or she has registered as a lobbyist with the District. Registration shall be made by completing, under oath, the “Lobbyist Registration Form,” which is incorporated by reference in subsection (7) below, and submitting that form to the District Clerk at the mail or email address provided in the form.

(2) A separate completed Lobbyist Registration Form must be submitted for each principal represented by the lobbyist before the District.

(3) For identifying and designating a principal’s main business on the Authorization to Represent the Principal part of the Lobbyist Registration Form, the District adopts and incorporates by reference the 6-digit NAICS code published in the North American Industry Classification System – United States, 2012 which can be found at, http://www.flrules.org/Gateway/reference.asp?No=Ref-12671. Classification system information can be obtained by contacting the NAICS Association, 129 Lakeshore Drive, Rockaway, NJ 07866, or by visiting its website: www.naics.com.

(4) Changes to the information provided on a Lobbyist Registration Form must be reported to the District within 15 days by submitting a completed Lobbyist Registration Form and checking the box indicating the submitted form is for the purpose of changing previously filed information.

(6) The principal of a lobbyist may cancel the lobbyist’s registration by submitting a completed “Lobbyist Registration Cancellation Form,” which is incorporated by reference in subsection (7) below, informing the District that a particular lobbyist is no longer authorized to represent that principal. A lobbyist must cancel his or her registration with the District upon termination of his or her contract or other such employment relationship with the principal by promptly submitting a completed Lobbyist Registration Cancellation Form.

(7) The Lobbyist Registration Form, form number 1400, 4/2021 http://www.flrules.org/Gateway/reference.asp?No=Ref-12667, and the Lobbyist Registration Cancellation Form, form number 1402, 5/2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-12670, are hereby incorporated by reference and may be obtained without cost from the District Clerk either at South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, or at clerk@sfwmd.gov. These forms may also be downloaded from the District’s website at: www.sfwmd.gov/opengov.

History

Rulemaking Authority 112.3261(8) FS. Law Implemented 112.3261 FS. History–New 5-14-15, Amended 4-11-21.

Fla. Admin. Code R. 40E-1.801 Public Meetings of the South Florida Water Management District

(1) All public meetings of the South Florida Water Management District are open to the public at all times and are authorized to be conducted, in whole or in part, via communications media technology. The Executive Director, or designee, shall determine the use and availability of communications media technology.

(2) “Communications media technology” means the electronic transmission of printed matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.

(3) When a quorum is required for a public meeting of the South Florida Water Management District, the quorum shall be established by a simple majority of those members eligible to vote. Eligibility to vote occurs when a person has been duly appointed by an entity or person with lawful authority to appoint and during the term of such appointment, including any statutory holdover period.

(4) Those participating via communications media technology shall be treated equally to those physically present for purposes of establishing a quorum and voting.

(5) The District shall ensure that members of the public have a reasonable opportunity to be heard when holding a public meeting via communications media technology to encourage public engagement. Members of the public participating via communications media technology shall have the same opportunity to be heard as those physically present for purposes of public comment.

History

Rulemaking Authority 373.044, 373.113, 373.079(7) FS. Law Implemented 373.079(7) FS. History–New 4-11-21.

Fla. Admin. Code R. 40E-1.901 Forms and Instructions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 20.52(14), 120.53, 120.55(1)(a) FS. History–New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, Transferred to 40E-1.659.

Fla. Admin. Code R. 40E-1.0112 Pleadings

History

Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History–New 12-20-74, Amended 11-18-75, Formerly 16K-1.112, 40E-1.112, Repealed 9-3-81.

Fla. Admin. Code R. 40E-1.0113 Witness Fees

History

Rulemaking Authority 373.113 FS. Law Implemented 373.126(3) FS. History–New 12-20-74, Formerly 16K-1.113, 40E-1.113, Repealed 11-18-75.

Chapter 40E-2 CONSUMPTIVE USE

Fla. Admin. Code R. 40E-2.010 Review of Consumptive Use Permit Applications

Consumptive use permit applications are processed pursuant to Section 120.60, F.S., and Chapters 40E-1 and 28-106, F.A.C.

History

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Amended 10-23-12.

Fla. Admin. Code R. 40E-2.011 Policy and Purpose

(1) It is the policy of the District to control all water uses within its boundaries, pursuant to the provisions of Chapter 373, F.S. and Chapter 62-40 and Division 40E, F.A.C.

(2) The rules in this chapter implement the comprehensive water use permit system contemplated in Chapter 373, Part II, F.S.

(3) Additional rules relating to water use are found in Chapter 40E-5, F.A.C. (Artificial Recharge), Chapter 40E-8, F.A.C. (Minimum Flows and Levels (MFLs), Chapter 40E-10, F.A.C. (Water Reservations), Chapter 40E-21, F.A.C. (The Water Shortage Plan), Chapter 40E-22, F.A.C. (Regional Water Shortage Plans), and Chapter 40E-24, F.A.C. (Mandatory Year-Round Landscape Irrigation Conservation Measures).

(4) Standards for the construction, repair and abandonment of water wells are found in Chapters 40E-3, F.A.C. (Water Wells).

(5) If an application for any proposed water use does not meet the provisions of this chapter for a general permit or evidence indicates the potential for harm, the District will provide the permit applicant with the option to either withdraw the general permit application or supply the additional information, and if applicable, the fee required for an individual permit. In the event one of these options is not selected, staff will recommend that the Governing Board deny the general permit application. The criteria in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., will be utilized to determine whether the conditions for issuance in Rule 40E-2.301, F.A.C., are satisfied.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.203, 373.216, 373.219, 373.249 FS. History–New 9-3-81, Formerly 16K-2.01, Amended 7-4-82, 2-24-85, 11-18-91, 8-1-02, 8-31-03, 7-2-09, 10-23-12, 7-14-14.

Fla. Admin. Code R. 40E-2.031 Implementation

(1) The effective dates for the water use permitting program established in this chapter are:

(a) If the use or withdrawal of water exceeds 100,000 gallons per day, the effective dates are:

January 12, 1977, for the portion of the District formerly within the Ridge and Lower Gulf Coast Water Management District,
March 2, 1974, for the remainder of the District;

(b) If the use or withdrawal of water does not exceed 100,000 gallons per day, the effective date is January 14, 1979.

(2) The effective dates specified in subsection (1) are used to determine the two year period provided in Section 373.236, F.S., for existing water users to file initial applications.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.103(1), 373.216, 373.226 FS. History–New 9-3-81, Formerly 16K-2.011, Amended 10-23-12.

Fla. Admin. Code R. 40E-2.041 Permits Required

(1) Unless expressly exempt by law or District rule, a water use permit must be obtained from the District prior to any use or withdrawal of water.

(2) The District issues water use permits in two forms, individual water use permits and general water use permits. A water use permit may be obtained by meeting the requirements of this chapter.

(3) Under certain circumstances the District may issue a temporary water use permit pursuant to Section 373.244, F.S.

(4) A water user seeking a noticed general permit shall obtain one permit for all withdrawals intended to serve contiguous areas. Unless obtaining multiple permits whose withdrawal quantities are monitored and reported from each withdrawal facility or point of diversion, if required by Subsection 4.1.1 of the Applicant’s Handbook, and evaluated for feasibility of using reclaimed water, if required by Subsection 2.2.4.B of the Applicant’s Handbook, two or more projects shall be aggregated and treated as a single project for permitting purposes when the District determines that the projects are physicially proximate and either:

(a) Share the same irrigation infrastructure; or,

(b) Are operated as a common enterprise.

However, when multiple use classifications, as set forth in Rule 40E-21.651, F.A.C., are served by separate withdrawal facilities, the District is authorized to issue separate noticed general permits.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.116, 373.118, 373.219, 373.244 FS. History–New 9-3-81, Formerly 16K-2.03(1), (2), Amended 10-23-12, 7-14-14.

Fla. Admin. Code R. 40E-2.051 Exemptions

No permit is required under Rule 40E-2.041, F.A.C., for the following water uses:

(1) Water used strictly for domestic use at a single family dwelling or duplex provided that the water is obtained from one withdrawal facility for each single family dwelling or duplex.

(2) Water used strictly for fire fighting purposes.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219 FS. History–New 9-3-81, Formerly 16K-2.025, Amended 2-24-85, 4-20-94, 3-15-10.

Fla. Admin. Code R. 40E-2.061 General Permits by Rule

Certain specified uses have been determined to be reasonable-beneficial, not interfering with existing legal uses, and consistent with the public interest pursuant to Section 373.223, F.S. The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses within the District that satisfy the following criteria:

(1) General Permit by Rule for Landscape Irrigation at a Single Family Dwelling or Duplex.

(a) The Board hereby grants a general permit to each person for the use, withdrawal, or diversion of water at a single family dwelling or duplex including, but not limited to, home lawn and ornamental irrigation, car washing, and other incidental uses provided that water is obtained from a single on-site withdrawal facility, such as a private irrigation well or surface water diversion, for each single family dwelling or duplex; that landscape irrigation is conducted in accordance with Chapters 40E-21 and 40E-24, F.A.C., or with any approved variance; and that the amount of water used is limited to only that necessary for efficient utilization.

(b) When reclaimed water is available, the use of a private irrigation well or surface water diversion for home lawn and ornamental irrigation is not authorized under this section. Reclaimed water is deemed available when reclaimed water is provided by a utility through a point of connection at the property boundary.

(c) Persons using or proposing to use water in a manner that differs from the conditions imposed by Chapter 40E-24, F.A.C., shall apply for a modification of this permit pursuant to subsection 40E-2.331(4), F.A.C.

(2) General Permit by Rule for Short-Term Dewatering.

(a) The Board hereby grants a general permit for the use of water in conjunction with short-term dewatering operations, such as well pointing, utility construction, lake construction, exploratory testing, and other minor uses; aquifer performance tests; or in conjunction with a short-term Remedial Action Plan approved by the state or local agency having legal jurisdiction over such activities, provided the following criteria are met:

Has a maximum daily pumpage of less than 5 million gallons (MG) and a maximum total project pumpage of less than 100 MG over a one year period;
Will retain all discharge on the project site unless associated with an aquifer performance test;
Will not dewater to a depth below 0.0 feet NGVD (or equivalent NAVD) within 1,000 feet of saline water, except when dewatering water with a chloride concentration of greater than 1,000 milligrams per liter;
Will not occur within 100 feet of a wastewater treatment plant rapid-rate land application system permitted under Part IV of Chapter 62-610, F.A.C.;
Will not occur within 1,000 feet of a known landfill or contamination; and,
Will not occur within 1,000 feet of a freshwater wetland unless dewatering activities are completed within 60 days.

(b) In proceeding with a general permit by rule for dewatering, the permittee acknowledges that the dewatering operation is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the dewatering to existing legal uses, off-site land uses, or natural resources.

(c) Linear projects, such as roads, utilities, or pipelines, may qualify for multiple general permits by rule. The dewatering activity for these projects may have a rolling one-year duration, in which the dewatering operation at the end of each one year period occurs no more than one mile from the location at the beginning of each one year period.

(3) General Permit by Rule for Closed-Loop Systems.

(a) The Board hereby grants a general permit for the use of water for cooling/heating systems for swimming pools and air conditioning units provided the following criteria are met:

The withdrawal and discharge points are on property legally controlled by the permittee;
The water is discharged to the same source, aquifer, or permeable zone from which it is withdrawn;
The discharge or injection has been permitted by the Department; and,
The water has no contact or mixing with other water sources, additives, and chemicals.

(b) In proceeding with a general permit by rule for closed-loop systems, the permittee acknowledges that the use is subject to the Permit Conditions in Section 5.0 of the Applicant’s Handbook, including responsibility for mitigating any harm that may occur as a result of the withdrawal to existing legal uses, off-site land uses, or natural resources.

(c) The permittee shall not utilize the withdrawal facility associated with this general permit by rule for any other type of consumptive use.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History–New 3-15-10, Amended 7-14-14, 9-7-15.

Fla. Admin. Code R. 40E-2.071 Noticed General Permits and Individual Permits

(1) The use of water, which does not qualify for a general permit by rule, qualifies for a noticed general permit if the use:

(a) Does not withdraw from the following sources:

Surface water from the C-23, C-24 or C-25 Canals, or any connected canal systems that derive water supply from these District canals;
Surface water from the L-1, L-2 or L-3 Canals;
Surface water within the Lake Istokpoga/Indian Prairie Canal System depicted in Figures 21-20 and 21-21, Chapter 40E-21, F.A.C.;
Surface or groundwater within the Picayune Strand or Fakahatchee Estuary, groundwater indirectly from the Picayune Strand or Fakahatchee Estuary or any canal identified in Figure 3-4 of the Applicant’s Handbook, or surface water indirectly from any canal identified in Figure 3-4 of the Applicant’s Handbook;
Surface water from the Lower East Coast Everglades Waterbodies, the North Palm Beach County/Loxahatchee River Watershed Waterbodies, or the integrated conveyance system identified in Figures 3-1 and 3-2 of the Applicant’s Handbook;
Surface water from the protected canal reaches identified in Figure 3-1 in Chapter 40E-10, F.A.C.;

(b) Satisfies the following facility restrictions:

Is from facilities having a cumulative withdrawal capacity of less than 1,000,000 GPD;
Is from groundwater wells less than eight (8) inches in diameter; and,
Is from surface water facilities which have a cumulative intake diameter less than six (6) inches;

(c) Has a cumulative average daily use of less than 100,000 GPD on an annual basis, unless the location and volume criteria in subparagraph (d)4., below, is applicable;

(d) Meets the following location and volume criteria, as applicable:

Withdraws groundwater from the Lower Tamiami aquifer within the area depicted in Figure 2-1 and has an annual average allocation of less than 10,000 GPD;
Withdraws groundwater from the Sandstone aquifer within the area depicted in Figure 2-2 and has an annual average allocation of less than 10,000 GPD;
Withdraws groundwater from the Mid-Hawthorn aquifer within the area depicted in Figure 2-3 and has an annual average allocation of less than 10,000 GPD; or,
Withdraws water for irrigation purposes within the South Dade County Water Use Basin depicted in Figure 21-11, Chapter 40E-21, F.A.C., and has an annual average allocation of less than 300,000 GPD, regardless of the facility restrictions in paragraph (1)(b), above; and,

(e) Is consistent with requirements of any applicable mandatory reuse zones.

(2) An individual permit is required for all non-exempt uses that do not qualify for a general permit. Diversion and impoundment uses do not qualify for a general permit and must apply for an individual permit. Dewatering uses that do not qualify for a general permit by rule must apply for an individual permit.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History–New 7-14-14, 9-7-15.

Fla. Admin. Code R. 40E-2.091 Publications Incorporated by Reference

(1) The “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – December 2025” (http://flrules.org/Gateway/reference.asp?No=Ref-18857) is incorporated by reference herein.

(2) The following forms and materials are referenced in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District – December 2025” (http://flrules.org/Gateway/reference.asp?No=Ref-18857) and are incorporated herein:

(a) Form 1376, Report of Planting and Harvest of Seasonal Crops Form, (July 14, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03855) referenced in Subsection 5.2.1E;

(b) Form 1377, Water Quality Report Form, (April 17, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16543) referenced in Subsection 4.2.1;

(c) Form 1378, Water Use Pumpage Report Form, (July 14, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03857) referenced in Subsection 4.1.1;

(d) Form 1387, Flow Meter Accuracy Calibration Report Form, (July 14, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03881) referenced in Subsection 4.1.1;

(e) Form 1388, Alternative Method Calibration Report Form, (July 14, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03882) referenced in Subsection 4.1.1; and,

(f) Form 1389, Crop (Freeze) Protection Form, (July 14, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03883) referenced in Subsection 4.1.1;

(g) Form 1392, Daily Stage and Withdrawal Data Form (March 21, 2021) http://www.flrules.org/Gateway/reference.asp?No=Ref-12718, referenced in Sections 3.11.5 and 5.2.2.

(h) Form 1393, Temporary Request and Authorization of Withdrawal Facility Operation, (March 21, 2021) http://www.flrules.org/Gateway/reference.asp?No=Ref-12719, referenced in Subsections 3.11.5.C.1.c., 3.11.5.C.2.d., and 5.2.2.K.9.d.

(i) Upper Kissimmee-Operations Simulation (UK-OPS) Model (Version 3.12P), March 21, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-12773, referenced in Subsection 3.11.5 B.2.b.

(j) Subsections referenced in Section 3.3.6 of the “Environmental Resource Permit Applicant’s Handbook, Volume I (General and Environmental)”, (December 22, 2020) incorporated by reference in paragraph 62-330.010(4)(a), F.A.C., as follows:

Subsection 10.2.2.3 regarding Assessment of Impacts;
Subsection 10.3.1 regarding Types of Mitigation, specifically Subsections 10.3.1.1, 10.3.1.3, and 10.3.1.8;
Subsection 10.3.2 regarding Guidelines for the Amount of Mitigation;
Subsection 10.3.3 regarding Mitigation Proposals;
Subsection 10.3.4 regarding Monitoring Requirements for Mitigation Areas;
Subsection 10.3.5 regarding Protection of Mitigation Areas;
Subsection 10.3.6 regarding Mitigation Success;
Subsection 10.3.7 regarding Financial Responsibility for Mitigation; and,
Figure 10.2.8-5.

(3) Subsections 62-40.416(7), (8) and (9), F.A.C. (May 3, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05792) are referenced in Subsection 3.1.2.A and incorporated by reference herein.

(4) The publications incorporated herein are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1 (800) 432-2045, ext. 6805 or (561) 682-6805.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.109, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS. History–New 9-3-81, Formerly 16K-2.035(1), Amended 2-24-85, 11-21-89, 1-4-93, 4-20-94, 11-26-95, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 12-19-01, 8-1-02, 6-9-03, 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, 7-21-13, 7-14-14, 7-16-14, 9-7-15, 1-31-21, 3-21-21, 6-13-22, 4-17-24, 12-23-25, Technical Change 2-5-26.

Fla. Admin. Code R. 40E-2.101 Content of Application

(1) Except in those circumstances detailed in subsection (5), below, applications for permits required by this chapter shall be filed electronically at https://www.sfwmd.gov/RegPermitting, or at the South Florida Water Management District Regulation Reception Desk, 3301 Gun Club Road, West Palm Beach, FL 33406, or at any of the District’s Service Centers. The addresses and phone numbers of the District’s Service Centers are online at www.sfwmd.gov, “Locations.”

(2) The application for all water use permits shall contain:

(a) The appropriate permit application processing fee required by Rule 40E-1.607, F.A.C.;

(b) The information required in Section 373.229(1), F.S.;

(c) Information sufficient to show that the use meets the criteria and conditions established in Rule 40E-2.301, F.A.C.; and,

(d) The application forms, as specified below, signed by the applicant or the authorized agent of the applicant.

(3) Application for an Individual Water Use Permit shall be made using Form No. 1379, Water Use Permit Application, (April 14, 2024), http://www.flrules.org/Gateway/reference.asp?No=Ref-16542. Applicants shall also submit one or more of the following supplemental forms as appropriate for each type of water use proposed in the permit application:

(a) Form 1380, Water Use Permit Application Supplemental Form A – Agricultural Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04378;

(b) Form 1381, Water Use Permit Application Supplemental Form B – Commercial/Industrial Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04379;

(c) Form 1382, Water Use Permit Application Supplemental Form C – Landscape/Recreation Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04380;

(d) Form 1383, Water Use Permit Application Supplemental Form D – Dewatering Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04381;

(e) Form 1384, Water Use Permit Application Supplemental Form E – Public Supply Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04382;

(f) Form 1386, Water Use Permit Application Supplemental Form F ‒ Diversion and Impoundment Use, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04383.

(4) Application for a Noticed General Water Use Permit shall be made using Form 1391, Notice of Intent to Use a Water Use Noticed General Permit, (July 14, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-04384.

(5) The filing of an application is not required for a General Permit by Rule provided the criteria in Rule 40E-2.061, F.A.C., are met.

(6) The forms identified in subsections (3) and (4) above are incorporated by reference herein and are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436, or (561)682-6436.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.103(1), 373.116, 373.219, 373.223, 373.229 FS. History–New 9-3-81, Amended 12-1-82, 2-24-85, 11-21-89, Repromulgated 1-4-93, Amended 4-20-94, 8-1-02, 10-23-12, 7-14-14, 4-17-24.

Fla. Admin. Code R. 40E-2.301 Conditions for Issuance of Permits

(1) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give reasonable assurances that the proposed water use at the time the permit application is deemed complete:

(a) Will not cause harmful saline water intrusion;

(b) Will not harm offsite land uses;

(d) Will not cause pollution of the water resources;

(e) Is otherwise a reasonable-beneficial use as defined in Section 373.019(13), F.S., with consideration given to the factors set forth in Rule 62-40.410, F.A.C.;

(f) Will not interfere with presently existing legal uses;

(g) Is in accordance with Section 373.2295, F.S., concerning interdistrict transfer of groundwater and Section 373.223(3), F.S., concerning water transport and use of groundwater or surface water across county boundaries.

(h) For uses with a recommended maximum allocation which exceeds 100,000 gallons per day or uses within a mandatory reuse zone, makes use of a reclaimed water source in accordance with the criteria contained in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C.

(i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and

(j) Is consistent with Sections 373.016 and 373.036, F.S., and otherwise is consistent with the public interest as prescribed by Chapter 373, F.S., and this chapter.

(k) Will not withdraw water reserved under Chapter 40E-10, F.A.C.

(2) In order to satisfy the conditions for permit issuance in subsection (1), the permit applicant must provide reasonable assurances that the criteria in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., are met.

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.036, 373.042, 373.083, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 7-14-14.

Fla. Admin. Code R. 40E-2.321 Duration of Permit

General Duration Provision. When requested by an applicant, a consumptive use permit shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance for the requested 20 year permit duration; or otherwise, permits may be issued for a shorter duration that reflects the period for which such reasonable assurances can be provided. This determination will be made pursuant to requirements in Rule 40E-2.301, F.A.C., and the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.236 FS. History–New 9-3-81, Amended 2-24-85, 4-20-94, 7-11-96, 8-31-03, 4-23-07, 2-13-08, 7-14-14.

Fla. Admin. Code R. 40E-2.331 Modification of Permits

(1) A permittee shall apply to the District for approval of any modification of an unexpired permit pursuant to Section 373.239, F.S. and Rule 40E-1.609, F.A.C.

(2) Applications for modification, except letter modifications issued pursuant to subsection (4), shall contain the information required in Rule 40E-2.101, F.A.C., will be evaluated using the criteria specified in Rule 40E-2.301, F.A.C., and will be subject to the limiting conditions specified in Rule 40E-2.381, F.A.C. Modifications shall be approved if criteria in Rule 40E-2.301, F.A.C., are met.

(3) Proposed increases in allocation will be treated as new uses to the extent the proposed allocation exceeds the existing allocation.

(4)(a) Modification of an existing water use permit shall be approved by letter, provided the permit is in compliance with all applicable limiting conditions and the modification request:

Does not result in an increase in the amount of the permit allocation;
Does not modify the existing permit expiration date, except when:

a. The permit duration is based upon the current lease expiration date, the permit duration shall be extended by letter modification to the new lease date, but shall not exceed the applicable permit duration pursuant to Rule 40E-2.321, F.A.C.;

b. A public water supply permittee achieves demonstrable savings attributable to implementation of its water conservation plan beyond that required by Subsection 2.3.2.F.1 of the Applicant’s Handbook;

c. A permittee complies with the extension provisions of Section 373.236(5), F.S.; or,

d. The permit duration is based upon a proposed “start” date for dewatering, the permit duration shall be extended to one year from the new “start” date, but shall not exceed the applicable permit duration in Rule 40E-2.321, F.A.C.; or

Does not potentially interfere with any presently existing legal use of water, cause environmental harm, saltwater intrusion, pollution of the water resources, harm to offsite land uses, does not withdraw water reserved under Chapter 40E-10, F.A.C., or does not otherwise raise issues requiring a Staff determination of whether such impacts would occur pursuant to the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C.;
Does not change the permitted withdrawal source(s) or use classification;
Does not result in a modification of the permit pursuant to Section 373.239(2), F.S.; and,
Does not allow more cumulative days and time to conduct landscape irrigation pursuant to Chapter 40E-24, F.A.C., for those permits issued pursuant to Rule 40E-2.061, F.A.C., and those permits classified as landscape irrigation use.

(b) The timeframes set forth in Rule 40E-1.603, F.A.C., shall apply to the processing of letter modifications.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.083, 373.223, 373.229, 373.239 FS. History–New 9-3-81, Formerly 16K-2.09(1), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 8-1-02, 4-23-07, 2-13-08, 7-2-09, 3-15-10, 10-23-12, 7-14-14.

Fla. Admin. Code R. 40E-2.341 Revocation of Permits

Violations of this chapter may result in the revocation or suspension of the authorization in whole or in part in accordance with the provisions of Chapter 373, F.S., including Sections 373.119 and 373.243, Chapter 120, F.S., and Rules 40E-1.609 and 28-106.2015, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(6), 373.103(4), 373.219, 373.229 FS. History–New 4-20-94, Amended 7-2-98, 10-23-12.

Fla. Admin. Code R. 40E-2.351 Transfer of Permits

A permittee must comply with the requirements of Rule 40E-1.6107, F.A.C., in order to obtain a permit transfer to a new permittee. If the permit transfer is in conjunction with an application for permit modification, the permit shall be transferred at the time of permit modification if all applicable permit transfer criteria are met. Upon approval, all terms and conditions of the permit shall be binding on the transferee.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 9-3-81, Formerly 16K-2.09(2), Amended 4-20-94.

Fla. Admin. Code R. 40E-2.381 Permit Conditions

Pursuant to Sections 373.216, 373.219 and 373.223, F.S., the District shall impose reasonable permit conditions on permits granted under this chapter. Standard permit conditions in Section 5.1 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be set forth in the permit. Special permit conditions, including those specified in Section 5.2 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be set forth in the permit as applicable.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.042, 373.0421, 373.083, 373.216, 373.219(1), 373.223 FS. History–New 9-3-81, Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 9-10-01, 8-1-02, 4-23-07, 2-13-08, 10-23-12, 7-14-14.

Fla. Admin. Code R. 40E-2.441 Temporary Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History–New 9-3-81, Amended 4-20-94, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-2.451 Emergency Authorization

(1) Permission to begin use, withdrawal, or diversion of water prior to the issuance of a permit may be applied for in writing, when emergency conditions exist which would justify such permission. However, no such permission shall be granted unless the use, withdrawal, or diversion is already being considered for a permit under Rule 40E-2.041, F.A.C. A serious set of unforeseen or unforeseeable circumstances must exist to create an emergency. Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of emergency authorization.

(2) Emergency authorizations shall be administered pursuant to Rule 40E-0.108, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(5), 373.219 FS. History–New 9-3-81, Formerly 16K-2.11, Amended 4-20-94, 7-2-98, 10-23-12.

Fla. Admin. Code R. 40E-2.501 Permit Classification

Each water use permit shall be classified according to source, use and method of withdrawal. The source use and method of withdrawal classes are listed in Rules 40E-21.631 through 40E-21.691, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History–New 9-3-81, Formerly 16K-2.12(2), Amended 7-4-82, 10-23-12.

Fla. Admin. Code R. 40E-2.511 Declaration of Water Shortage

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History–New 5-30-82.

Fla. Admin. Code R. 40E-2.521 Change, Suspension or Restriction of Permits During Water Shortage

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.246 FS. History–New 9-3-81, Formerly 16K-2.12(3), (4), Repealed 5-30-82.

Fla. Admin. Code R. 40E-2.531 Procedures Under Water Shortage

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History–New 9-3-81, Formerly 16K-2.13, Repealed 5-30-82.

Fla. Admin. Code R. 40E-2.541 Declaration of Emergency Due to Water Shortage

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246(7) FS. History–New 9-3-81, Formerly 16K-2.14, Repealed 5-30-82.

Fla. Admin. Code R. 40E-2.551 Procedures Under Emergency Due to Water Shortage

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246(7) FS. History–New 9-3-81, Formerly 16K-2.15, Repealed 5-30-82.

Chapter 40E-3 WATER WELLS

Fla. Admin. Code R. 40E-3.010 Review of Water Well Permit Applications

History

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-3.011 Policy and Purpose

(1) The purpose of Chapter 40E-3, F.A.C., is to implement the duties and responsibilities of the South Florida Water Management District (District) under Chapter 373, Part III, F.S., and those responsibilities and duties delegated to the District by the Department of Environmental Protection (Department) to regulate the location, construction, repair, or abandonment of water wells and the licensing of water well contractors. It is the policy of the Governing Board that these rules are reasonably necessary to insure the protection and management of water resources and the health, safety, and general welfare of the people of this District.

(2) Additional District rules relating to water wells are found in Chapters 40E-5 (Artificial Recharge) and 40E-2, F.A.C. (Consumptive Use).

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History–New 1-1-85, Amended 12-19-89, 3-16-05, 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.021 Definitions

When used in this chapter:

(1) “Annulus” or “Annular Space” means any artificially created void existing between a well casing or liner pipe and a borehole wall, or between two casings, or between tubing and the casing for liner pipes.

(2) “Casing Diameter” or “Diameter of Casing” means the largest nominal permanent water bearing casing. For the purpose of this chapter, the diameter of the casing at the upper terminus will be presumed to be the diameter for the entire length, unless the well owner or contractor can demonstrate that the well has a smaller diameter permanent water bearing casing below the upper terminus.

(3) “Consolidated” means a geologic stratum, which is cemented with a binding substance commonly derived from within the deposit containing that stratum.

(4) “Consumptive Use Permit” or “Water Use Permit” means a Water Use Permit issued under Chapter 40E-2, F.A.C.

(5) “Dewatering” means the use of wells or other such equipment to temporarily lower a water level as may be necessary during construction activities.

(6) “Driller” means a person working under the direct supervision of a licensed water well contractor who actually constructs the well.

(7) “Field Log” means a log with accurate, written documentation of all construction activities needed to fill out well completion reports.

(8) “Filter Pack” means sand or gravel that is uniform, clean, and siliceous. It is placed in the annulus of the well between the borehole wall and the well screen.

(9) “Inspection Port” means any opening not less than three-quarters (3/4) inch in diameter through which unobstructed access to the inside of the casing can be obtained for measuring water levels. Inspection ports shall be threaded openings temporarily sealed with a removable watertight plug.

(10) “Jetted Well” or “Sand Point Well” means a pipe with an attached well point or open-ended screen. The well is installed in unconsolidated formations by the washing action of a water jet.

(11) “Monitoring Well” or “Observation Well” means a well used primarily to monitor hydrologic parameters such as water levels or water quality.

(12) “Packer” means a device placed within a well casing that seals the annulus between two pieces of casing, between the casing and the screen, between one formation or water bearing strata and another, or between the formation and the casing.

(13) “Public Water Supply Well” means a well constructed for the purpose of supplying water to a public water system, as permitted under Chapters 62-550, 62-555, 62-560, 62-524 and 64E-8, F.A.C.

(14) “Test Hole” means any temporarily cased or uncased hole drilled, bored, cored, washed, or jetted, for the intended use of obtaining data for engineering, geophysical or geological exploration, and/or prospecting for minerals or products of mining or quarrying, and not for the purposes of either producing, disposing of, or searching for water.

(15) “Upper Terminus” means that portion of a well casing ending at land surface or within an approved depth below land surface. Land surface is considered to be the ground elevation of the finished grade at the well.

(16) “Water Test Well” means a temporary water well for the purpose of obtaining data to determine aquifer properties or water quality. Water test wells are typically drilled prior to applying for a water use permit. Water test wells must either be abandoned or converted to a water well or monitoring well within 30 days of completion of testing.

(17) “Well Casing” means a metallic or non-metallic pipe installed in a borehole or driven to prevent caving, provide structural strength, seal off zones of poor water quality, or prevent the interchange of waters between aquifers.

(18) “Well Completion Report” means the form, supplied or approved by the District, that is completed and signed by the licensed water well contractor.

(19) All definitions contained in Section 373.303, F.S. and Chapters 62-531 and 62-532, F.A.C., are adopted and incorporated by reference in sebsections 40E-3.036(1) and (2), F.A.C., respectively.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.106, 373.303, 373.306 FS. History–New 1-1-85, Amended 12-19-89, 3-16-05, 9-26-12, 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.032 Delegation

The authority for general administration of Chapter 40E-3, F.A.C., is delegated to the Executive Director of the District. It is the policy of the Governing Board that in making this delegation the Executive Director is authorized to designate specific staff members to carry out various tasks but that overall supervision and responsibility shall rest with the Executive Director. The Executive Director is expressly authorized to issue permits under this chapter as provided in Section 373.342(1), F.S.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309(2), 373.339, 373.342 FS. History–New 1-1-85, Amended 3-16-05.

Fla. Admin. Code R. 40E-3.035 Agreements

The Governing Board hereby incorporates by reference the following documents, which are available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6436, or (561)682-6436:

(1) “Delegation Agreement between South Florida Water Management District and Lee County for Regulation of Water Wells” (September 13, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05373.

(2) “Delegation Agreement between South Florida Water Management District and Miami-Dade County Health Department” (August 10, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05374.

(3) “Agreement between Collier County and South Florida Water Management District” (February 5, 1985) http://www.flrules.org/Gateway/reference.asp?No=Ref-05376 “Amendment to Agreement between South Florida Water Management District and Collier County” (February 28, 1989) http://www.flrules.org/Gateway/reference.asp?No=Ref-05145; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Collier County” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05378.

(4) “Agreement between the City of Cape Coral and South Florida Water Management District” (October 10, 1986) http://www.flrules.org/Gateway/reference.asp?No=Ref-05379; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and the City of Cape Coral” (August 10, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05380.

(5) “Agreement between the Martin County Health Department and South Florida Water Management District” (June 12, 1998) http://www.flrules.org/Gateway/reference.asp?No=Ref-05381; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Martin County Health Department” (April 18, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05382; “Second Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Martin County Health Department” (May 13, 2010) http://www.flrules.org/Gateway/reference.asp?No=Ref-05383.

(6) “Agreement between the Osceola County Health Department and South Florida Water Management District” (February 11, 1999) http://www.flrules.org/Gateway/reference.asp?No=Ref-05384; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Osceola County Health Department” (April 18, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05385.

(7) “Agreement between the St. Lucie County Health Department and South Florida Water Management District” (April 13, 2000) http://www.flrules.org/Gateway/reference.asp?No=Ref-05387; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and St. Lucie County Health Department” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05388; “Second Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and St. Lucie County Health Department” (May 13, 2010) http://www.flrules.org/Gateway/reference.asp?No=Ref-05389.

(8) “Agreement between the Hendry County Health Department and South Florida Water Management District” (September 14, 2000) http://www.flrules.org/Gateway/reference.asp?No=Ref-05390; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Hendry County Health Department” (April 18, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05391.

(9) “Agreement between the Okeechobee County Health Department and South Florida Water Management District” (April 11, 2002) http://www.flrules.org/Gateway/reference.asp?No=Ref-05392; “Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Okeechobee County Health Department” (April 18, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05393; “Second Amendment to the Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Okeechobee County Health Department” (May 13, 2010) http://www.flrules.org/Gateway/reference.asp?No=Ref-05394.

(10) “Water Well Construction Permit Program Delegation Agreement between South Florida Water Management District and Glades County Health Department” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05395.

(11) “Delegation Agreement between South Florida Water Management District and Orange County Health Department” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05396.

(12) “Delegation Agreement between South Florida Water Management District and Osceola County and Polk County Health Departments” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05397.

(13) “Delegation Agreement between South Florida Water Management District and Palm Beach County Health Department” (May 11, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05398.

(14) “Delegation Agreement between South Florida Water Management District and State of Florida Department of Health, Broward County Health Department” (June 8, 2005) http://www.flrules.org/Gateway/reference.asp?No=Ref-05399.

(15) “Delegation Agreement between South Florida Water Management District and Highlands County Health Department” (May 13, 2010) http://www.flrules.org/Gateway/reference.asp?No=Ref-05400.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.308, 373.309, 373.323, 373.324, 373.326, 373.329, 373.333 FS. History–New 3-16-05, Amended 8-26-10, 6-8-15.

Fla. Admin. Code R. 40E-3.036 Rules and Publications Incorporated by Reference

The following Department rules, publications, standards and forms, regarding construction, repair, and abandonment of wells, shall apply to the well contractor licensing program administered by the District, and are incorporated by reference herein. Copies may be obtained by contacting the Department or the District in accordance with subsection (8) below:

(1) Chapter 62-531, F.A.C., Water Well Contractor Licensing Requirements (June 22, 2014), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05146). The following publications referenced in Chapter 62-531, F.A.C., are also incorporated by reference herein.

(a) The Department’s Water Well Contractor Disciplinary Guidelines and Citations Dictionary (June 22, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05147), incorporated by reference in subsection 62-531.450(1), F.A.C.;

(b) The Department’s Water Well Contractor Continuing Education Program Manual (June 22, 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05148), incorporated by reference in subsection 62-531.300(2), F.A.C.;

(2) Chapter 62-532, F.A.C., Water Well Permitting and Construction Requirements (October 7, 2010), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05149). The following publications referenced in Chapter 62-532, F.A.C., are also incorporated by reference herein:

(a) American Society for Testing and Materials (ASTM) A53/A53M-99b (1999); A135-01 (2001), A252-98 (1998), and A589-96 (1996), incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of these copyrighted standards may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959;

(b) American Petroleum Institute (API) 5L-2000 (2000), incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of this copyrighted standard may be obtained from the American Petroleum Institute, 1220 L Street N.W., Washington, DC 20005-4070;

(c) ANSI/ASME B36. 10M-2000, incorporated by reference in paragraph 62-532.500(1)(a), F.A.C. Copies of this copyrighted standard may be obtained from the American National Standards Institute, 1819 L Street N.W., Washington, DC 20036;

(d) Schedule 10S and Schedule 40 of the ANSI/ASME B36. 19M-1985, incorporated by reference in paragraph 62-532.500(1)(d), F.A.C. Copies of this copyrighted standard may be obtained from the American National Standards Institute, 1819 L Street N.W., Washington, DC 20036;

(e) 2008 NSF International Standard/American National Standard NSF/ANSI 14-2008e, Plastics Piping System Components and Related Materials; NSF International Standard/American National Standard NSF/ANSI 61-2008, Drinking Water System Components – Health Effects, incorporated by reference in paragraph 62-532.500(1)(g), F.A.C. Copies of these copyrighted standards may be obtained from NSF International, P. O. Box 130140, Ann Arbor, MI 48113-0140;

(f) Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, Revised Edition 2008, published by the International Ground Source Heat Pump Association, Oklahoma State University; Closed-Loop/Ground-Source Heat Pump Systems Installation Guide, 1988, Oklahoma State University, incorporated by reference in subsection 62-532.500(2), F.A.C. Copies of these copyrighted materials may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018;

(g) Appendix C of American Water Works Association (AWWA) Standard A100-97 (1997), AWWA Standard for Water Wells, incorporated by reference in subparagraph 62-532.500(3)(i)6., F.A.C. Copies of these copyrighted, recommended practices and methods may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235;

(h) Grouting and Sealing for Vertical Geothermal Heat Pump Systems Engineering Design and Field Procedures Manual, published by the International Ground Source Heat Pump Association, First Edition 2000, Oklahoma State University, incorporated by reference in subparagraph 62-532.500(3)(i)6., F.A.C. Copies of these copyrighted, recommended practices and methods may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018.

(3) Rule 62-555.310, F.A.C., Source and Siting Requirements for Public Water Systems (August 28, 2003), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05150).

(4) Rule 62-555.312, F.A.C., Location of Public Water System Wells (August 28, 2003), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05151).

(5) Subsection 62-555.315(1), F.A.C., Public Water System Wells – Well Security (August 28, 2003), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05152).

(6) Chapter 62-524, F.A.C., New Potable Water Well Permitting in Delineated Areas (June 27, 2000), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05153), and the maps containing Delineated Areas for the following Counties: Broward, Glades, Highlands, Martin, Miami-Dade, Orange, Osceola, Polk, and St. Lucie, incorporated by reference in Rule 62-524.430, F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-01529). Copies may be obtained upon receipt of reproduction and other appropriate costs.

(7) The following Department forms are incorporated by reference into this chapter and shall apply to the well contractor licensing program administered by the District and to all wells constructed, repaired, or abandoned in the District:

(a) State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well, DEP Form 62-532.900(1), incorporated by reference in subsection 40E-3.101(1), F.A.C.

(b) State of Florida Well Completion Report, DEP Form 62-532.900(2), incorporated by reference in subsection 40E-3.411(1), F.A.C.

(c) Application for a State of Florida Water Well Contractor’s License, DEP Form 0186, incorporated by reference in subsection 40E-3.038(1), F.A.C.

(d) Application for Continuing Education Coursework Approval, Florida Water Well Contractor Continuing Education Program, DEP Form 3 (June 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05154), incorporated by reference in Rule 62-531.300, F.A.C.

(e) Application for Continuing Education Course Provider, Florida Water Well Contractor Continuing Education Program, DEP Form 4 (June 2014) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05155), incorporated by reference in Rule 62-531.300, F.A.C.

(8) All rules and publications incorporated by reference herein, other than the copyrighted materials identified in paragraphs (2)(a) through (h) herein, may be obtained by writing or calling the Department, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, telephone (850)245-8648, or the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone (800)432-2045 ext. 6436 or (561)686-6436.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.308, 373.309, 373.323, 373.324, 373.326, 373.329, 373.333 FS. History–New 3-16-05, Amended 9-8-13, 6-8-15.

Fla. Admin. Code R. 40E-3.038 Contractor Licensing and Well Construction Requirements

(1) Applications for a water well contractor license shall be filed with the District on Form 0186, State of Florida Water Well Contractor’s License Application (September 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-01635), incorporated by reference herein, which is available at no cost by contacting the South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6436 or (561)682-6436, and the delegated permitting authorities’ offices, as identified in Rule 40E-3.035, F.A.C.

(2) Each well contractor meeting the licensing requirements set forth in Chapter 62-531, F.A.C., incorporated by reference in paragraph 40E-3.036(1)(a), F.A.C., will be assigned a permanent license number and shall be issued a certificate with that number.

(3) Violations of the contractor licensing requirements and well construction requirements are provided by Chapter 373, F.S., and Chapters 62-531 and 62-532, F.A.C.

(4) The licensed contractor must submit any change of address to the District within 30 days.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.333 FS. Law Implemented 373.323, 373.326, 373.333, 373.336 FS. History–New 12-19-89, Amended 3-16-05, 9-26-12, 6-8-15.

Fla. Admin. Code R. 40E-3.040 Scope of Part I

The rules in this part relate to the permitting requirements applicable to the construction, repair, or abandonment of wells. Unless expressly exempt by statute or this rule, all wells must be permitted prior to construction, repair, or abandonment and must be constructed, repaired, or abandoned by a licensed water well contractor. This exemption does not relieve the applicant from obtaining permits which may be required under Chapter 40E-2 (Consumptive Use) or Chapters 40E-4 and 62-330 (Environmental Resource Permits), F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.316, 373.326, 373.342 FS. History–New 1-1-85, Amended 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.041 Permits Required

(1) Unless expressly exempted by statute or District rule, a permit must be obtained from the District or delegated agency prior to the construction, repair, or abandonment of any water well within the District’s jurisdiction.

(2) No test hole or water test well shall be converted to a water well until a well construction permit or modification is obtained. No monitoring well shall be converted to a production well until a well construction permit or modification thereof is obtained for each production well.

(3) If a potable well is proposed to be constructed in an area of known groundwater contamination, the well shall be permitted pursuant to Chapter 62-524, F.A.C.

(4) Permits for construction, repair, modification, or abandonment of wells for which a water use permit is required under Chapter 40E-2, F.A.C., shall not be issued prior to issuance of the water use permit authorizing water use withdrawals.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.309, 373.313, 373.316 FS. History–New 1-1-85, Amended 3-16-05, Amended 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.042 Multiple Wells under a Single Permit

(1) The construction, repair, modification, or abandonment of:

(a) Up to eight (8) sandpoint irrigation, monitor, recovery, dewatering, or gang wells 4 inches or less in diameter; or,

(b) A Class V air conditioning heat pump system consisting of one supply well and one return well; may be included under one permit provided the conditions of subsection (2) are met.

(2) A multiple well permit as described in subsection (1) will be issued provided:

(a) The wells are constructed in the same geologic material, completed in the same aquifer, and drilled on a contiguous tract of land owned or controlled by the same individual or entity; and,

(b) Each well is the same diameter and constructed of a similar material.

(3) The District will authorize multi-zone monitor wells consisting of multiple observation tubes monitoring different depths all located in a single larger diameter well casing under a single permit. Provisions listed in subsection (2) do not apply to this type of well.

(4) When a single well construction permit is issued for multiple wells as described above, a separate well completion report is required for each of the wells or tubes.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.106(1), 373.309 FS. History–New 6-8-15.

Fla. Admin. Code R. 40E-3.051 Exemptions

(1) The following wells are exempt from Rule 40E-3.041, F.A.C.:

(a) Existing wells exempted under Section 373.316, F.S.

(b) A well exempted under Section 373.303(7), F.S.

(d) A well classified as a Class I, Class II, Class III, Class IV, or Class V Groups 2-9 intended for use as an injection well, which has received a permit under Chapter 62-528, F.A.C. Such wells are exempt from the construction standards in this chapter, provided the applicable standards of Chapter 62-528, F.A.C., are met. A well classified as a Class V Group 1 well under Chapter 62-528, F.A.C., is not exempt from Rule 40E-3.041, F.A.C.

(2) These exemptions do not relieve the applicant from obtaining permits which may be required under Chapter 40E-2 (Consumptive Use) or Chapters 40E-4 and 62-330, F.A.C. (Environmental Resource Permits).

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History–New 1-1-85, Amended 3-16-05, 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.0511 Exceptions and Variances for Well Construction Permits

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History–New 1-1-85, Amended 12-19-89, 7-2-98, 9-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-3.101 Content of Application

(1) All applications shall be submitted to the permitting authority, as identified in Rule 40E-3.035, F.A.C., by the owner or by the water well contractor on behalf of the owner. All applications shall be submitted on DEP Form 62-532.900(1), (10-07-10), http://www.flrules.org/Gateway/reference.asp?No=Ref-00576, “State of Florida Permit Application to Construct, Repair, Modify, or Abandon a Well,” incorporated by reference herein and available at no cost by contacting the South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800) 432-2045, ext. 6436 or (561) 682-6436, and the delegated permitting authorities’ offices, as identified in Rule 40E-3.035, F.A.C.

(2) All applications shall be submitted with the required non-refundable fee pursuant to Rule 40E-1.607, F.A.C., or the fee schedule established by the agency to which permitting authority has been delegated, as identified in Rule 40E-3.035, F.A.C.

(3) Applications for permits required by this chapter shall be filed with the District or the entity to which the authority to issue a permit has been delegated, as identified in Rule 40E-3.035, F.A.C. The application for the construction, repair, or abandonment of water well(s) shall contain:

(a) The name, address, telephone number, license number and signature of the licensed contractor who will be constructing the well(s), except in the case of a state agency or political subdivision that needs an indication of approval from the District in order to obtain financing to construct a well. In this case, the District will take action on the application for a permit not signed by a licensed water well contractor with the following condition: “Prior to well construction, a copy of the original application, signed by the licensed water well contractor chosen to construct the well(s), will be submitted to the District”;

(b) The name, address, telephone number and signature of the property owner or his agent, if applicable, on whose property the the well(s) is being drilled;

(d) The location of the well(s) (latitude and longitude to the nearest second and section, township and range), and property site map of each well location, depicting land marks and providing a scale;

(e) The expected cased depth and total depth of the well;

(f) The proposed use of the well;

(g) The proposed grouting interval;

(h) The specification for well construction including the size(s) of the casing to be used, the proposed construction, repair, or abandonment methods, specifications including casing types, casing diameters; open hole or screened intervals, sizes and screen openings; and proposed grouting materials;

(i) The proposed method of construction and completion of each well, or the method of plugging and abandoning of each well;

(j) The anticipated starting date to begin drilling;

(k) The District water use permit number, the water use application number, and each well number from the water use permit Summary of Groundwater (Well) Facilities, if applicable;

(l) A well completion report and/or lithologic or cuttings log for any test hole or water test well and testing results, which is being requested to be converted to a water well;

(m) Applications for public supply wells shall include: the name and address of the water system; the number of persons the well is intended to serve; and a scaled map showing the well location, property boundaries, existing buildings or physical features, the location of all known and proposed sources of contamination within a 500 feet radius of the proposed well location; and,

(n) Applications for water test wells must be accompanied by a description of the proposed test. The description at a minimum, shall include:

Purpose of the test, a brief description of the testing method, and a summary of the results to be provided to the District within 30 days of completion of the testing.
Name, address, and telephone number of the person or consulting firm performing the test.
A site map showing the location of the water test well(s) and any observation wells.

(4) In addition to the information required to be submitted on the District form, the District staff may specifically request such reasonable additional information as may be necessary to evaluate the hydrologic impacts of the withdrawal to ensure that the impacts will not be harmful to the water resource of the District as set forth in Chapter 40E-2, F.A.C., and that the withdrawals are in compliance with statutory and rule requirements. Pursuant to Section 373.314, F.S., the District will cite a specific rule when requesting such additional information. Such requests for additional information will be made in compliance with Section 120.60, F.S. and Chapter 40E-1, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 1-1-85, Amended 12-19-89, 11-8-99, 3-16-05, 9-26-12, 6-8-15.

Fla. Admin. Code R. 40E-3.301 Conditions for Issuance of Permits

(1) The applicant shall comply with the applicable provisions of Chapter 373, F.S., and this chapter.

(2) A water use permit, if applicable under Chapter 40E-2, F.A.C., must have already been obtained. If a water use permit has not been obtained, an application for a consumptive use permit must be submitted concurrently with the well construction application and must also be approved by the District prior to issuance of the well construction permit.

(3) The proposed well must not harm the water resources of the District or interfere with existing legal users.

(4) The application must be complete and must meet the requirements of Chapter 373, F.S., and this chapter.

(5) The District or delegated agency shall impose on any permit issued under this chapter such reasonable conditions as are necessary to protect the water resource and to assure that the permitted activity will be consistent with the overall objectives of the District. The District or delegated agency shall attach such conditions to the well construction, repair, or abandonment permit and the conditions shall be performed accordingly.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History–New 1-1-85, Amended 3-16-05, 7-14-14.

Fla. Admin. Code R. 40E-3.321 Duration of Permits

(1) Each permit shall be valid for a period of six (6) months, unless the time limit is extended by the District or delegated agency.

(2) Construction, repair, or abandonment of a well shall not commence or continue after the expiration of a permit.

(3) Extensions of an existing permit shall be granted by the District or delegated agency upon written request if:

(a) Submitted by the permittee prior to the expiration date of the permit, and

(b) The permittee shows circumstances and conditions have not changed substantially since the permit issuance so that the proposed well will not harm the water resource.

(4) A well construction permit may be transferred from one licensed water well contractor to another if the owner or his agent agree to the transfer prior to permit expiration.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 1-1-85, Amended 3-16-05, 6-8-15.

Fla. Admin. Code R. 40E-3.341 Suspension and Revocation

The District or delegated agency may suspend or revoke a permit to construct, repair or abandon a well by written notice to the permittee under any of the following circumstances:

(1) Material misstatement or misrepresentation in the application for a permit;

(2) Failure to comply with the provisions set forth in the permit;

(3) Disregard or violation of any provisions of this chapter or Chapter 373, Part III, F.S.;

(4) Unforeseen circumstances which may create a danger to the water resources or the public health, safety or welfare, if the well is constructed as permitted; or

(5) Material change of circumstances or conditions from those existing at the time such permit was issued.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History–New 1-1-85, Amended 3-16-05.

Fla. Admin. Code R. 40E-3.411 Well Completion Reports

(1) The water well contractor shall complete and submit DEP Form 62-532.900(2), State of Florida Well Completion Report, (October 7, 2010) (https://www.flrules.org/Gateway/reference.asp?No=Ref-00578), incorporated by reference herein, to the District and delegated agency, as identified in Rule 40E-3.035, F.A.C., for the construction, repair, or abandonment of all wells, regardless of whether a permit is required under Rules 40E-3.041, 40E-3.101, and 40E-3.600, F.A.C. Well completion reports shall be filed with the District and delegated agency, as identified in Rule 40E-3.035, F.A.C., within 30 days of completion of the work, using DEP Form 62-532.900(2). Copies of DEP Form 62-532.900(2) are available at no cost by contacting the South Florida Water Management District Clerk, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6436 or (561)682-6436, and the delegated permitting authorities’ offices, as identified in Rule 40E-3.035, F.A.C. Well completion reports for sites controlled by Chapter 62-761, F.A.C., Underground Storage Tank Systems, may include all monitoring wells for the same site on a single form.

(2) The water well contractor shall keep or cause to be kept by a person in his employ an accurate field log of all well construction, repair, or abandonment activities performed under each permit. Such logs shall be available for inspection at the site during all times when work is in progress.

(3) If no work is performed or if the well is not completed, a report shall be filed within 30 days of the expiration of the permit stating that no well construction was performed under the permit or outlining the status of the incomplete well.

(4) For water test wells, a report on the test results shall be submitted to the District within 30 days of completion of the testing. The report shall also include a request and a proposed schedule to either abandon the water test well or convert the water test well to a production well or monitoring well.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 1-1-85, Amended 3-16-05, 9-26-12, 6-8-15.

Fla. Admin. Code R. 40E-3.451 Emergency Authorization

(1) Emergency water well construction permits shall be issued by the Executive Director or their designee when one of the following conditions exist which justifies the issuance:

(a) An existing well supplying a particular use has failed and must be immediately replaced;

(b) The health, safety, or general welfare of the people affected by said emergency would be jeopardized without such authorization;

(c) Emergency authorization is needed to immediately mitigate or resolve potentially hazardous degradation of water resources; or

(d) A serious set of unforeseen circumstances occurs which creates the emergency.

(2) Emergency permits may be applied for and issued orally. Mere carelessness or lack of planning on the part of the applicant, contractor or driller will not constitute sufficient cause for the issuance of an emergency permit. If Chapter 40E-2, F.A.C., also applies to the well, an emergency permit may be issued only if, in addition to qualifying under subsection (1) above, an application for a consumptive use permit has been filed with the District. Issuance of an emergency permit will not be evidence of any entitlement to the consumptive use permit.

(3) The applicant for an emergency permit shall submit the application and fee in accordance with Rule 40E-3.101, F.A.C., along with any other requested information within twenty-four hours after making oral application.

History

Rulemaking Authority 373.044, 373.119, 373.171 FS. Law Implemented 373.308, 373.309, 373.313, 373.326, 373.342 FS. History–New 1-1-85, Amended 7-2-98, 3-16-05, 7-14-14, 6-8-15.

Fla. Admin. Code R. 40E-3.461 Inspection

(1) The District or delegated agency is authorized to inspect any well or abandoned well within its jurisdiction, including those wells permitted under Rule 40E-3.041, F.A.C. Inspections shall be done as necessary to insure conformity with applicable standards. Duly authorized representatives of the District or delegated agency, upon presenting proper identification and at reasonable times, may enter upon any premises for the purpose of such inspection. Such inspection may include, but need not be limited to, geophysical logging, water level measurements, or other methods.

(2) If, based on such inspection, the District or delegated agency finds the standards of this chapter have not been met, the District or delegated agency shall proceed with enforcement actions as prescribed by Chapter 62-531, F.A.C.

(3) A site inspection may be conducted by an authorized representative of the District or delegated agency prior to issuing a permit for construction of a public water supply well.

(4) The District or delegated agency shall be notified at least 24 hours in advance of placement of grout in the annular space of any public water supply well. A District or delegated agency representative may be on site to observe the grouting. If the District or delegated agency is properly notified and a representative is not at the site at the appointed time, the grouting may begin in the absence of a representative.

(5) If, based on an inspection, the District or delegated agency finds any well is an abandoned or incomplete well, the well shall be plugged in accordance with Rule 40E-3.531, F.A.C.

(6) If, based on an inspection, the District or delegated agency determines that applicable laws or rules have not been complied with, it shall disapprove the well. A disapproved well shall not be used until brought into compliance. If compliance cannot be achieved in a reasonable time, the well shall be properly abandoned.

(7) If, based on an inspection, the District determines that any well is a potential hazard to the water resource, the well shall be abandoned in accordance with subsection 62-532.500(4) and Rule 40E-3.531, F.A.C.

(8) In all circumstances, a copy of all applicable well construction permits will be available at the construction site during well construction.

History

Rulemaking Authority 373.044, 373.171 FS. Law Implemented 373.103, 373.308, 373.309, 373.319 FS. History–New 1-1-85, Amended 3-16-05, 6-8-15.

Fla. Admin. Code R. 40E-3.500 Scope of Part II

The rules in this part relate to the standards and criteria for the construction, repair, and abandonment of wells. All wells within the District unless specifically exempted under Rule 40E-3.051, F.A.C., must comply with these standards regardless of whether a permit is required under Part I.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313 FS. History–New 1-1-85, Amended 6-8-15.

Fla. Admin. Code R. 40E-3.502 Construction Methods

(1) Water wells must be located, constructed, cased, grouted, plugged, capped, or sealed to prevent uncontrolled surface flow, uncontrolled movement of water from one aquifer or water bearing zone of differing water quality to another, contamination of groundwater or surface water resources, or other adverse impacts. The construction methods and standards in this chapter shall apply to all construction, repair, or abandonment of wells in the District except:

(a) In those areas exempted by the District with the concurrence of the Department; or,

(b) For public water supply wells or limited use public supply wells, which shall be constructed, repaired, or abandoned in accordance with Chapter 62-555 or 64E-8, F.A.C., respectively; or,

(c) For monitor wells, which shall be constructed, repaired, or abandoned in accordance with Chapter 62-761, F.A.C., covering underground storage tank systems; or,

(d) For water wells permitted under Chapter 62-524, F.A.C., delineated areas, which shall be constructed, repaired, or abandoned in accordance with Chapter 62-524, F.A.C., or special criteria developed for specific designated areas; or,

(e) When special well construction conditions have been specified on a water use permit, these conditions shall be attached to applicable well construction permits.

(2) The District may designate special well construction standards areas by emergency rule to prevent transport of surface contaminants to groundwater or movement of introduced or natural contaminants from one aquifer or zone to another. Such standards will be the minimum necessary to prevent the movement of contaminants and will be in cooperation with other state agencies, local jurisdictions, and the regulated public, in accordance with Chapter 120, F.S., provisions for emergency rulemaking.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 12-19-89, 3-16-05, 6-8-15.

Fla. Admin. Code R. 40E-3.504 Location

(1) Water wells shall be located so as to not pose a threat of contamination to the water resource and to provide for the protection of the health, safety and welfare of the user.

(2) Water wells shall be located to comply with the setback distances in subsection 62-532.400(7), F.A.C. This subsection does not relieve the applicant from the responsibility of complying with the requirements of any other regulatory agency with jurisdiction over the applicant’s activities.

(3) The District shall increase these distances if necessary to protect the health, safety and welfare of individuals who may be exposed to ground water contamination.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05.

Fla. Admin. Code R. 40E-3.507 Casing and Liner Pipe Standards

(1) All well casing shall conform to the standards identified in subsection 62-532.500(1), F.A.C., incorporated by reference in paragraph 40E-3.036(1)(c), F.A.C.

(2) Wells constructed using telescoping casings shall be considered as a continuous casing provided the following conditions are met:

(a) Any annular space including the overlapped section shall be grouted in accordance with subparagraph 62-532.500(3)(i)4., F.A.C. incorporated by reference in subsection 40E-3.036(2), F.A.C. The grout shall extend from the bottom of the casing to the top of the innermost casing. The use of lead packers is prohibited.

(b) The bottom end of the casing shall extend to or below the water level of the aquifer intended to supply water to the well.

(d) A minimum of 10 feet overlap is required for non-public supply wells. One casing centralizer shall be used within the overlapped section.

(e) A minimum of 20 feet overlap is required for public supply wells. Two casing centralizers shall be used within the overlapped section.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05, 9-26-12, 6-8-15.

Fla. Admin. Code R. 40E-3.512 Well Construction Requirements

(1)(a) Materials used in construction shall be reasonably free of contamination.

(b) Water used during construction shall be supplied from a potable well or potable water supply. If the well or water supply is a known source of contamination or is within a known area of contamination, it shall not be used to provide water for well construction.

(2)(a) The well shall be constructed to prevent caving or pumping of sand. A filter pack shall be installed around the screened portion of the well;

(b) The well shall be adequately developed until clear of any drilling fluids, particulate material and turbidity.

(3) For wells obtaining water from consolidated earth materials, a continuous casing shall extend from the upper terminus of the well to the top of the uppermost consolidated unit.

(4) For artesian wells, the casing shall penetrate the entire thickness of the overlying formation above the aquifer. The District may grant waivers for seating of casing within the confining zone above an artesian aquifer provided that:

(a) The casing extends a sufficient distance into the confining zone so as to prevent movement of water from the artesian aquifer to overlying aquifers;

(b) The District determines that such construction will not harm the water resources.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05, 9-26-12.

Fla. Admin. Code R. 40E-3.517 Grouting and Sealing

Wells shall be grouted and sealed in accordance with paragraph 62-532.500(3)(i), F.A.C., incorporated by reference in subsection 40E-3.036(2), F.A.C., to protect the water resource from degradation caused by movement of waters along the well annulus either from the surface to the aquifer or between aquifers, and to prevent loss of pressure in artesian aquifers.

(1) All wells that are constructed in a manner which creates an annular space between the casing and the naturally occurring geologic formations shall be grouted and sealed in accordance with the methodologies listed in paragraph 62-532.500(3)(i), F.A.C., incorporated by reference in subsection 40E-3.036(2), F.A.C.

(2) Wells obtaining water from unconsolidated formations, using a method other than jetting or driving a casing, and creating an annular space, shall be grouted from no more than ten (10) feet above the top of the screen to the upper terminus. Borehole cuttings shall not be reintroduced into the annular space.

(3) For jetted wells or sand point wells obtaining water from an unconsolidated formation of a naturally caving nature in which the annular space is completely filled with formation material, only the upper three (3) feet shall be grouted to provide protection from possible contaminated surface water.

(4) For jetted wells or sand point wells circulating drilling fluids to the surface, and obtaining water from a consolidated formation, shall be grouted bottom to top prior to being seated into water bearing formation.

(5) For wells constructed by driven casing, dry bentonite, with an average mesh size of between 4 and 20 U.S. standard sieve size or grain size between 5mm and .85mm, must be added to the continuous casing string at land surface at the beginning and during construction of the well.

(6) All other wells shall be grouted from the bottom of the casing to land surface.

(7) Unless a variance has been granted by the District, grouting and sealing of water wells shall be accomplished in the following manner:

(a) The grout mixture shall consist of either Portland Cement or a natural bentonite slurry for wells and boreholes meeting the requirements in subsection 40E-3.512(7), F.A.C. The mixture shall consist of 5.2 to 5.5 gallons of water per sack of Portland Cement or a mixture of 6.0 gallons of water per sack of Portland Cement with 3 to 7.5 pounds of Bentonite, not to exceed 8% by weight.

(b) The minimum set time for grouting of casing using either Portland Cement or Bentonite before drilling operations may continue is 12 hours.

(c) Grouting of the annular space shall be completed using the tremie pipe, forced pressure, or other equivalent method approved by the District. In all cases, grout will be introduced into the annular space from bottom to top.

(8) Water wells constructed using Bentonite grouts shall meet all the following requirements:

(a) The slurry grout mixture shall be introduced into the annular space from bottom to top. The casing seat must be clean, allowing the casing to set at the total depth bored in a hole reasonably free of drill cuttings;

(b) A formation packer or a 5-foot neat cement plug must be installed at the casing seat;

(c) Neat cement must be placed in the upper ten (10) feet of the annular space to prevent deterioration of, or damage to, the bentonite seal;

(d) Bentonite grout may be used only on monitor, domestic, irrigation, water source, or ground source heat pump installations with a nominal casing diameter of five (5) inches or less. Use of bentonite grout is not allowed on public supply wells, wells in delineated areas, wells where artesian flow occurs, in any identified contamination sites where the contaminants will prevent an adequate seal, or in wells with the water quality concentrations exceeding 10,000 milligrams per liter total dissolved solids;

(e) Bentonite grout may be used for abandonment purposes for any well. However, it cannot be used to abandon a dry well, or a well which flows to surface and cannot be placed any higher in the well than the height of the static water level. Any unsealed remainder above the height of the static water level must be filled with neat cement;

(f) Bentonite chips or pellets used for abandonment purposes may not be placed in any well casing or hole less than three inches in diameter or for sealing the annular space of any well; and,

(g) In all circumstances, the manufacturer’s mixing instructions shall be followed.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05, 9-26-12, 6-8-15.

Fla. Admin. Code R. 40E-3.521 Well Seals

Wells shall be covered and sealed in accordance with paragraph 62-532.500(4)(a), F.A.C., incorporated by reference in paragraph 40E-3.036(1)(c), F.A.C.

(1) Permanent Well Seals.

(a) Wells shall be properly sealed to prevent the movement of contaminants and surface water into the well.

(b) The top of the well casing shall at a minimum extend 12 inches above land surface and if practical, 12 inches above the 100-year flood elevation.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 3-16-05, Amended 9-26-12.

Fla. Admin. Code R. 40E-3.525 Explosives

The use of explosives in well construction or development is prohibited unless specifically approved by the Department.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 12-19-89, 3-16-05.

Fla. Admin. Code R. 40E-3.529 Flowing Wells

If the well flows at land surface, a valve shall be provided and maintained to control the discharge from the well.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05.

Fla. Admin. Code R. 40E-3.531 Abandoned Well Plugging

(1) Any well which was not constructed in accordance with the standards of this chapter and fails to be corrected upon written notice in accordance with subsection 40E-3.461(2), F.A.C., shall be deemed an abandoned well.

(a) Any well, which has been permanently disconnected from pumping equipment and has not been converted to a monitoring well, shall be deemed to be abandoned.

(b) The owner of the property, on which an abandoned well is located, shall be responsible for ensuring that all abandoned wells on the property are properly plugged by a licensed water well contractor.

(2) Any well which is an abandoned artesian well under Section 373.203(1), F.S., shall be plugged in accordance with this section.

(3) All abandoned wells shall be plugged by filling them from bottom to top with grout within a time specified by the District. The work shall be performed by a licensed water well contractor.

(a) Use of clean aggregate to bridge cavernous or lost circulation zones shall be allowed if measurements indicate loss of grout and the borehole or screened portion does not connect two (2) or more aquifers of significantly differing water quality. Prior approval to use aggregate or other material must be obtained from the District.

(b) Obstructions shall be cleared from all wells prior to plugging.

(4) Requests to abandon a well shall be submitted on the application form provided by the District.

History

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History–New 1-1-85, Amended 3-16-05.

Fla. Admin. Code R. 40E-3.600 Scope of Part III

(1) This part grants a general permit for certain specified well construction, repair, or abandonment activities which have been determined by the District to exist in unique geographic areas.

(2) The construction, repair, or abandonment of wells in accordance with Rule 40E-3.601, F.A.C., is authorized subject to the requirements of Part III of this chapter.

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.309 FS. Law Implemented, 373.113, 373.118, 373.306, 373.308, 373.309, 373.342 FS. History–New 9-26-12, Amended 6-8-15.

Fla. Admin. Code R. 40E-3.601 General Permit for Water Wells within a Portion of Southern Miami-Dade County

(1) It is determined that compliance with Rules 40E-3.101, 40E-3.301, 40E-3.321, 40E-3.411, 40E-3.507, 40E-3.512, 40E-3.517 and 40E-3.531, F.A.C., will create an undue hardship to those persons proposing to construct, repair or abandon wells used for agricultural water use within south Miami-Dade County. It is further determined that the continued existence of these wells and method of well construction has not been shown to impair the ground water resources. However, if the continued existence of the rule is determined in any way to impair the purpose and intent of Chapter 373, Part III, F.S., adversely impact the water resources, not be in the public interest, or for any other reason the District may delete the General Permit threshold at any time in accordance with applicable law.

(2) A general permit is granted to those wells intended for agricultural use which do not exceed 25 feet in depth and which are located within the area depicted on Figure 3-1 and described as follows:

BEGINNING at the intersection of the centerline of South Florida Water Management District’s Levee 31 West and the south line of Section 7, Township 58 South, Range 38 East; Thence, Easterly along the south line of said Section 7 to the centerline of South Florida Water Management District’s Canal 111; Thence, Southeasterly, Southerly and Southeasterly along said centerline of Canal 111 to the centerline of State Road 5 (U.S. Highway 1); Thence, Southerly along said centerline of State Road 5 (U.S. Highway 1) to the Dade-Monroe County line and Florida Bay; Thence, Northeasterly along the Dade-Monroe County line to the Western shore of Little Card Sound; Thence, Northeasterly and Northerly along the Western shore of Little Card Sound and Biscayne Bay to the south line of Section 14, Township 56 South, Range 40 East; Thence, Westerly along the section lines to the centerline of State Road 821; Thence, Northerly along said centerline of State Road 821 to the South line of the North one-half of Section 17, Township 56 South, Range 40 East; Thence, Westerly along the one-quarter section lines to the Southwest corner of the Northwest one-quarter of said Section 18; Thence, Northerly to the Southeast corner of Section 12, Township 56 South, Range 39 East; Thence, Westerly along the south line of said Section 12 to the Southwest corner of said Section 12; Thence, Northerly along the West line of said Section 12 to the centerline of South Florida Water Management District’s Canal 1 West; Thence, Northwesterly and Westerly along said centerline of Canal 1 West and its Westerly Extension to the centerline of South Florida Water Management District’s Levee 31 North; Thence, Southerly along the centerline of said Levee 31 North and the centerline of South Florida Water Management District’s Levee 31 West to the POINT OF BEGINNING.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.118, 373.309, 373.313, 373.326, 373.342 FS. History–New 9-26-12.

Chapter 40E-4 ENVIRONMENTAL RESOURCE PERMITS

Fla. Admin. Code R. 40E-4.010 Review of Environmental Resource Permit Applications

Environmental Resource permit applications are processed pursuant to the provisions of Section 120.60, F.S., Chapters 40E-1, 62-330 and 28-106, F.A.C.

History

Rulemaking Authority 120.54(5), 120.60, 373.4131 FS. Law Implemented 120.54(5), 120.60, 373.4131 FS. History–New 7-2-98, Amended 10-1-13.

Fla. Admin. Code R. 40E-4.011 Policy and Purpose

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086(1), 373.103(1), 373.103(4), 373.403-.443 FS. History–New 9-3-81, Formerly 16K-4.01, Amended 4-20-94, 10-3-95, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.021 Definitions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.019, 373.403-.443, 403.031, 668.003, 668.004, 668.50, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-1.05(1), Amended 7-1-86, 4-20-94, 10-3-95, 4-1-96, 10-1-06, 3-22-09, 11-11-09, 12-1-11, 5-20-12, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.031 Implementation

(1) The effective dates for the permit program developed pursuant to Chapter 373, Part IV, F.S., are:

(a) January 12, 1977, for the portion of the District formerly within the Ridge and Lower Gulf Coast Water Management District.

(b) March 2, 1974, for the remainder of the District.

(2) The rules implementing the Environmental Resource Permit program shall apply to all projects which do not have a complete permit application, as evidenced by a letter of completeness from the District on the effective date of the rule, unless the project is grandfathered pursuant to Section 373.414, F.S.

(3) Unless otherwise addressed by this rule, an application deemed complete prior to the effective date of a rule shall be governed by the rule in effect at the time the application became complete.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.403-.443 FS. History–New 9-3-81, Amended 4-20-94, 10-5-95.

Fla. Admin. Code R. 40E-4.041 Permits Required

History

Rulemaking Authority 373.044, 373.113, 373.406(5) FS. Law Implemented 373.103, 373.413, 373.416, 373.426 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-4.03(1), 16K-4.07(1), 16K-4.09(1), Amended 1-23-94, 4-20-94, 10-3-95, 4-1-96, 1-7-97, 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.0415 Permit Thresholds

History

Rulemaking Authority 373.044, 373.113, 373.406(5) FS. Law Implemented 373.118(1), 373.413(1) FS. History–New 10-3-95, Amended 5-28-00, 6-26-02, 4-14-03, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.042 Formal Determination of Wetlands and Other Surface Waters

History

Rulemaking Authority 373.043, 373.113, 373.421(2) FS. Law Implemented 373.421(2) FS. History–New 10-3-95, Amended 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.051 Exemptions From Permitting

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 403.813(1), (2) FS. History–New 9-3-81, Amended 1-31-82, 3-9-83, Formerly 16K-4.02, Amended 4-20-94, 10-3-95, 5-28-00, 9-2-01, 4-14-03, 9-9-07, 12-1-11, 5-20-12, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.0515 Exemptions From Specified Review Criteria

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 403.813(2) FS. History–New 10-3-95, Amended 5-28-00, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.052 Request for Exemption

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.406, 373.413 FS. History–New 3-9-83, Repealed 4-20-94.

Fla. Admin. Code R. 40E-4.053 Conditions for Exemption

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.406, 373.413 FS. History–New 3-9-83, Repealed 4-20-94.

Fla. Admin. Code R. 40E-4.054 Modification of Exempt Projects

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.406, 373.413, 373.416 FS. History–New 3-9-83, Amended 4-20-94, 10-3-95, 5-28-00, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference

(1) The following publications, rules and interagency agreements are incorporated by reference herein:

(a) “Environmental Resource Permit Applicant’s Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District (June 28, 2024), https://www.flrules.org/Gateway/reference.asp?No=Ref-15505, which incorporates the following forms or materials by reference:

U.S. Department of Agriculture, Soil Conservation Service, “Rainfall Frequency Atlas of Alabama, Florida, Georgia and South Carolina for Durations from 30 Minutes to 24 Hours and Return Periods from 1 to 100 years” (1978), http://www.flrules.org/Gateway/reference.asp?No=Ref-02975, referenced in Section 5.6.2(d);
Florida Department of Transportation “Drainage Manual, Appendix B: IDF-Curves, Precipitation Data, Rainfall Distributions” (August 2001), http://www.flrules.org/Gateway/reference.asp?No=Ref-02981, referenced in Section 5.6.2(e);
U.S. Department of Agriculture, Natural Resources Conservation Service, “National Engineering Handbook, Section 4, Part 630, Chapter 10” (2004), http://www.flrules.org/Gateway/reference.asp?No=Ref-02983, referenced in Section 5.6.6(b);
Chapter 27, Article XIII, Wellfield Protection Ordinance, Broward County Code of Ordinances, last amended September 28, 1999, http://www.flrules.org/Gateway/reference.asp?No=Ref-00052, reference in Section 4.1.1(b)6.b;
Dade County Wellfield Protection Ordinance contour showing maximum limits (Section 24-43 Protection of Public Potable Water Supply Wells; Chapter 24 Environmental Protection; Code of Metropolitan Dade County, Florida; Codified through Ordinance No. 11-01, enacted January 20, 2011 (Supp. No. 68)), http://www.flrules.org/Gateway/reference.asp?No=Ref-00053, referenced in Section 4.1.1(b)6.c.
National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Volume 9 Version 2.0: Southeastern States (Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi) https://www.flrules.org/Gateway/reference.asp?No=Ref-15504, referenced in Section 5.6.2(f).

(b) Operating Agreement Concerning Regulation Under Chapter 373, Part IV, F.S., between South Florida Water Management District and Department of Environmental Protection, July 1, 2007, http://www.flrules.org/Gateway/reference.asp?No=Ref-00055.

(c) State water quality standards set forth in Chapter 62-4, F.A.C., (2/17/2016) [http://www.flrules.org/Gateway/reference.asp?No=Ref-06802], Chapter 62-302, F.A.C., (11/17/2016) [https://www.flrules.org/Gateway/reference.asp?No=Ref-15501], Chapter 62-520, F.A.C., (7/12/2009) [http://www.flrules.org/Gateway/reference.asp?No=Ref-02977], and Chapter 62-550, F.A.C., (8/5/2016) [https://www.flrules.org/Gateway/reference.asp?No=Ref-15502]. The state water quality standards are also defined and incorporated in Section 2.1.19 of the Applicant’s Handbook, Volume II.

(d) Chapter 62-312, Part IV, F.A.C., “Additional Criteria for Dredging and Filling Within Outstanding Florida Waters in Monroe County,” (2/16/2012), http://www.flrules.org/Gateway/reference.asp?No=Ref-02974.

(e) Delegation Agreement among the Florida Department of Environmental Protection, the South Florida Water Management District, and Broward County, (dated May 22, 2001), http://www.flrules.org/Gateway/reference.asp?No=Ref-00054.

(2) The documents listed in subsection (1) can also be obtained at no cost by contacting the South Florida Water Management District Clerk’s Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (561)686-8800.

History

Rulemaking Authority 373.044, 373.103, 373.113, 373.413, 373.418, 373.4131, 373.441 FS. Law Implemented 373.016, 373.042, 373.429, 373.439, 373.046, 373.413, 373.4131, 373.414, 373.4142, 373.416, 373.418, 373.426, 373.441 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11, 5-20-12, 10-1-13, 8-10-14, 5-22-16, 6-28-24.

Fla. Admin. Code R. 40E-4.101 Content of Permit Applications

History

Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 668.003, 373.416, 668.004, 668.50 FS. Law Implemented 373.016, 373.117, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.03(2), 16K-4.07(2), 16K-4.09(2), Amended 7-1-86, 11-21-89, 4-20-94, 10-3-95, 5-28-00, 4-14-03, 8-14-03, 2-12-06, 10-1-06, 12-1-11, 5-20-12, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.201 Forms and Instructions

History

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118 FS. Law Implemented 120.53(1), 373.044, 373.113, 373.116, 373.118, 373.229, 373.413, 373.421 FS. History–New 10-3-95, Amended 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.205 Permit Application Processing Fees

History

Rulemaking Authority 373.044, 373.109, 373.113, 373.171, 373.421 FS. Law Implemented 373.109, 373.421 FS. History–New 10-3-95, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.301 Conditions for Issuance of Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.426 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(2), 16K-4.30, Amended 7-1-86, 3-24-87, 4-14-87, 7-9-87, 4-21-88, 4-20-94, 10-3-95, 4-1-96, 1-7-97, 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.302 Additional Conditions for Issuance of Permits

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.414(9) FS. Law Implemented 373.042, 373.409, 373.413, 373.414, 373.416, 373.426, 380.23 FS. History–New 10-3-95, Amended 1-7-97, 12-3-98, 5-28-00, 7-1-07, 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.303 Environmental Resource Permit Authorization

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416, 373.421 FS. History–New 10-3-95, Amended 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.305 Conceptual Approvals

History

Rulemaking Authority 373.044, 373.113, 373.171, 380.06(9) FS. Law Implemented 373.413, 373.416, 373.421(2), 380.06(9) FS. History–New 10-3-95, Amended 4-14-03, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.311 Variances from Specified Review Criteria for Environmental Resource Permits

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.414(17) FS. Law Implemented 403.201 FS. History–New 10-3-95, Amended 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-4.321 Duration of Permits

History

Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.413, 373.416, 373.419, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4-20-94, 10-3-95, 5-28-00, 10-1-06, 12-1-11, 5-20-12, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.331 Modification of Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(1) FS. History–New 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(a), Amended 7-1-86, 11-21-89, 4-20-94, 10-3-95, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.341 District Revocation or Modification of Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.429 FS. History–New 12-1-82, Amended 7-1-86, 4-20-94, 10-3-95, 7-2-98, 5-28-00, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.351 Transfer of Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416(2) FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-4.07(4), Amended 4-20-94, 10-3-95, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.361 Conversion from Construction Phase to Operation Phase

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.413, 373.416 FS. History–New 10-3-95, Amended 1-7-97, 4-14-03, 9-16-03, 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.371 Abatement and Abandonment of a System

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.426, 373.433 FS. History–New 10-3-95, Repealed 4-14-03.

Fla. Admin. Code R. 40E-4.381 General Conditions

History

Rulemaking Authority 373.044, 373.113, 373.171, 668.003, 668.004, 668.50 FS. Law Implemented 373.116, 373.229, 373.413, 373.416, 373.421, 373.422, 373.426, 668.003, 668.004, 668.50 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(3), 16K-4.38, Amended 7-1-86, 4-20-94, 10-3-95, 1-7-97, 4-14-03, 9-16-03, 10-1-06, 7-22-07, 12-1-11, Repealed 10-1-13.

Fla. Admin. Code R. 40E-4.451 Emergency Authorization

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119(2), 373.413 FS. History–New 9-3-81, Formerly 16K-4.13, Amended 10-3-95, 7-2-98, Repealed 10-1-13.

Chapter 40E-5 ARTIFICIAL RECHARGE

Fla. Admin. Code R. 40E-5.011 Policy and Purpose

(1) This chapter implements Sections 373.106, F.S., which authorizes the District to issue permits for projects involving artificial recharge or the intentional introduction of water into any underground formation, except activities under Chapter 377, F.S. Projects that inject waters into aquifers that contain a total dissolved solids concentration greater than 10,000 mg/L or for the purpose of disposal are not regulated under this chapter.

(2) It is the intent of the District to consolidate permits issued pursuant to this chapter with consumptive uses regulated under Chapter 40E-2, F.A.C., when such permit is required. Thus, if water is obtained from a regulated surface or groundwater source, authorization under this chapter shall be issued in conjunction with the associated consumptive use permit. If a consumptive use permit for the project is not required pursuant to Chapter 40E-2, F.A.C., (e.g., the recharge water is reclaimed waste water), a separate permit shall be obtained pursuant to this chapter.

(3) Nothing herein relieves the applicant from complying with the requirements of underground injection control (UIC) permits issued by the Department of Environmental Protection pursuant to Chapter 62-528, F.A.C.

(4) This chapter does not regulate operations of Artificial Recharge Systems authorized under Section 373.087 or 373.1502, F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Amended 8-14-03, 7-14-14.

Fla. Admin. Code R. 40E-5.021 Definitions

When used in this chapter:

(1) “Aquifer storage and recovery” means a well system operated for the purpose of injecting and storing water in an aquifer for direct retrieval and use.

(2) “Artificial recharge” means the practice of introducing water into an aquifer through a horizontal or vertical well that increases the availability of water for consumptive or non-consumptive uses (e.g., a hydraulic barrier against saltwater intrusion, aquifer recharge systems, aquifer storage and recovery systems or heat exchange systems).

(3) “Heat exchange” means a well or combination of wells that remove groundwater associated with cooling or heating systems where the water withdrawn is returned to an aquifer.

(4) “Storage horizon” or “injection horizon” means the geological underground formation, group of formations, or part of a formation that receives or stores the injected water.

(5) “Underground Source of Drinking Water” or “USDW” means an aquifer or a portion of an aquifer that:

(a) Supplies drinking water for human consumption; is classified by Rule 62-520.410, F.A.C., as Class G-I or G-II ground waters; or, contains a total dissolved solids concentration of less than 10,000 mg/L; and

(b) Is not an “exempted aquifer,” pursuant to Chapter 62-528, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106 FS. History–New 9-3-81, Formerly 16K-1.05(2), (9), Amended 8-14-03.

Fla. Admin. Code R. 40E-5.031 Implementation

The effective dates for the artificial recharge permitting program established in this chapter are as follows:

(1) January 12, 1977, for the portion of the District formerly within the Ridge and Lower Gulf Coast Water Management District annexed to the District by operation of Section 1, Chapter 76-243, Laws of Florida.

(2) March 2, 1974, for the remainder of the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Formerly 16K-2.011(1)(a).

Fla. Admin. Code R. 40E-5.041 Permits Required

(1) Unless expressly exempt by law or District rule, a permit is required pursuant to this chapter to operate an artificial recharge system. The permit applicant shall provide reasonable assurances that the proposed activity meets the criteria set forth in Rule 40E-5.301, F.A.C. In the event the project also requires a consumptive use permit pursuant to Chapter 40E-2, F.A.C., demonstration of reasonable assurances required under Rule 40E-5.301, F.A.C., shall be made in conjunction with application for such permit and a consolidated permit will be issued.

(2) Operation of all artificial recharge systems existing at the time of adoption of this rule may be continued only with a permit issued as provided herein. Application for a permit under the provisions of this rule for existing artificial recharge systems that are not currently approved under an existing consumptive use permit shall be made within a period of two years from the effective date of implementation of this rule.

(3) Nothing herein relieves the applicant from complying with the requirements of the UIC program including the acquisition of and compliance with permits issued pursuant to Chapter 62-528, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Formerly 16K-2.02(1), Amended 8-14-03, 7-14-14, 9-7-15.

Fla. Admin. Code R. 40E-5.051 Exemptions

No permit is required under Rule 40E-5.041, F.A.C., for injection wells permitted under Chapter 377, F.S., or for projects authorized under Section 373.087 or 373.1502, F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Formerly 16K-2.02(1), Amended 8-14-03.

Fla. Admin. Code R. 40E-5.101 Content of Application

(1) Applications for permits required by this chapter shall be filed electronically at https://www.sfwmd.gov/RegPermitting, or at the South Florida Water Management District Regulation Reception Desk, 3301 Gun Club Road, West Palm Beach, FL 33406, or at any of the District’s Service Centers. The addresses and phone numbers of the District’s Service Centers are available online at www.sfwmd.gov, “Locations.” Water Use Permit Application, Form No. 1379 or 1391, which is incorporated by reference in subsections 40E-2.101(3) and (4), F.A.C., shall contain:

(a) The appropriate permit application processing fee required by Rule 40E-1.607, F.A.C.; and,

(b) The information required in Section 373.229(1), F.S.; and,

(c) Information sufficient to show that the use meets the criteria and conditions established in Rules 40E-2.301 and 40E-5.301, F.A.C.

(2) All final plans, calculations, analyses, or other documents, submitted as part of a permit application are required to be signed and sealed by an appropriate registered professional pursuant to Section 373.117 or 492.111, F.S.

History

Rulemaking Authority 373.044, 373.113, 373.229 FS. Law Implemented 373.106(1) FS. History–New 9-3-81, Formerly 16K-2.02(2), Amended 5-30-82, 8-14-03, 10-23-12, 9-7-15.

Fla. Admin. Code R. 40E-5.301 Conditions for Permit Issuance

In order to obtain a permit, permit renewal, or permit modification pursuant to this chapter, an applicant must give reasonable assurances that the proposed diversion of water to be introduced into an aquifer and the impact of introducing and recovering the water from an aquifer:

(1) Shall not violate the conditions of issuance in Rule 40E-2.301, F.A.C., with regard to the impacts associated with diverting source water for: (i) injection, (ii) storage, and (iii) recovery.

(2) For artificial recharge systems that inject water sources not currently regulated under Chapter 40E-2, F.A.C. (e.g., use of reclaimed water), the system shall not cause water quality changes that would interfere with existing legal uses;

(3) Satisfies the criteria contained in the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C.; and

(4) Meets state water quality standards as demonstrated through the issuance of a permit under Chapter 62-528, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 8-14-03, Amended 7-14-14.

Fla. Admin. Code R. 40E-5.321 Duration of Permit

The duration of the permit issued pursuant to this chapter shall be 20 years or the demonstrated period of need for the project, whichever is less.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 8-14-03.

Fla. Admin. Code R. 40E-5.331 Modification of Permit

Modification of a permit issued pursuant to this chapter or a consumptive use permit containing an authorization as specified herein shall be in accordance with the provisions in subsection 40E-2.331(1), F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History–New 8-14-03.

Fla. Admin. Code R. 40E-5.381 Limiting Conditions

The District shall impose on any permit granted under this chapter such reasonable standards and special permit conditions necessary to assure that the permitted activity is consistent with the overall objectives of the District, will not be harmful to the water resources of the District, is reasonable-beneficial, will not interfere with any presently existing legal uses, and is consistent with the public interest.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.079, 373.083, 373.106(1), 373.219 FS. History–New 8-14-03, Amended 10-23-12.

Chapter 40E-6 WORKS OR LANDS OF THE DISTRICT

Fla. Admin. Code R. 40E-6.011 Policy and Purpose

(1) This chapter governs the use of or connection to works or lands of the District. Conditions and criteria are established to ensure that uses are compatible with the construction, operation, and maintenance of such works or lands.

(2) Due to the critical importance of works and lands of the District in providing flood protection and other benefits, it is considered essential that the District retain complete dominion and control over the use of such works or lands, including those subject to right of way occupancy permits. The District acts in a proprietary capacity in acquiring lands or interests therein for utilization as works of the District. These rules are based upon proprietary concepts of property law. A “permit” to utilize works or lands of the District is a contract between the District and the “permittee,” whereby the permittee obtains a license which is revocable at will, except as otherwise provided herein. All risk of loss regarding expenditures in furtherance of the permitted use is borne by the permittee. The District retains complete discretion as to the manner, if any, in which works or lands of the District shall be utilized, and nothing in these rules is intended to limit that discretion.

(3) An exception to subsection (2), above, is made for governmental entities and utilities, which may have their consent to utilize District works or lands revoked only for cause, pursuant to the criteria set forth in this chapter.

(4) The District has determined that an unencumbered 40 foot wide strip of right of way, measured from the top of bank landward, is required in order for the District to perform the required routine and emergency operations and maintenance activities necessary to insure flood protection to the entire community. In this 40 foot right of way, subject only to limited exceptions provided in this rule, the District shall not authorize any above ground facilities or other encroachments.

(5) The requirement for the unencumbered 40 foot right of way shall be applicable regardless of the District’s quality of title to the right of way and regardless of the width of the overbank right of way.

(6) In the past, the District has authorized certain above ground facilities and uses on its rights of way within a 40 foot wide area adjacent to the top of bank, as set forth in subsection (4), above. However, over time and with experience gained in disaster preparation, operation and recovery, the District has determined that these previously authorized above ground facilities and uses are now inconsistent with the current and future operation and maintenance needs of the District. These facilities and uses have also been determined by the District to increase the operation and maintenance costs (for both routine and emergency operation and maintenance activities) and pose a significant additional physical burden on District staff. Subject to those uses specifically allowed in the Right of Way Criteria Manual for Use of the Works or Lands of the District (Criteria Manual), no future authorizations by the District shall allow above ground facilities or uses within that 40 foot wide area adjacent to the top of bank within the right of way, and all previous authorizations for facilities and uses shall be expressly limited to minimize their adverse impact on District operations and maintenance. Specifically, such authorizations shall not be modified or transferred, and shall be subject to the revocation provisions set forth herein as determined necessary by the District in order to meet its current and future operation and maintenance responsibilities to provide adequate flood protection to the community.

(7) In order to effectively and efficiently evaluate proposed installations of above ground facilities and uses, the District has segmented the canal and rights of way into five (5) operational zones shown on the diagram below:

*The District’s rights of way vary in width, and may be either less than forty feet or more than forty feet in width. Accordingly, in those cases when the right of way is less than forty feet, only those zones depicted above would be applicable to the actual width of the right of way.

The specific above ground facilities and uses which are consistent with the District’s operation and maintenance needs, and which will generally be authorized are set forth in Rule 40E-6.221, F.A.C. Those facilities and uses not specifically identified as being consistent with the District’s operation and maintenance needs for the respective zones have been determined by the District to be inconsistent with District operation and maintenance needs and no District authorization shall be granted.

(8) Due to the varying widths and physical limitations of the rights of way obtained by the District for the canals of the Big Cypress Basin, maintenance of the Basin canals is currently performed with different equipment than is utilized throughout the remainder of the District. Based on the differing maintenance needs of the Big Cypress Basin, application of the five operational zones, as set forth in subsection (7), above, will be reviewed on a case by case basis taking into account the width of overbank right of way, the accessibility of the right of way to land-based maintenance equipment and any site specific conditions that would impact the Basin’s ability to operate and maintain the canal which is the subject of a particular application.

(9) The District reserves sole authority to make a determination that portions of the District’s rights of way are inaccessible for routine maintenance activities due to a variety of physical limitations. While a determination that a certain segment of right of way is presently unusable for routine land-based maintenance activities and relaxation of the restrictions in zones 2, 3, 4 and 5 may be allowed, such determination shall be at the sole discretion of the District and does not obviate the need for individuals with proposed or existing facilities within these areas to obtain permits from the District. Further, the District reserves the right to enter these areas to conduct emergency operations or to require the removal of any encroachments that are inconsistent with these rules at such time as maintenance access is perfected through the area.

(10) The District has further determined that certain facilities and uses meeting specific minimum criteria for various right of way zones shall more efficiently be granted authorization with a limited review by District staff, since these specific facilities and uses do not adversely impact the District’s ability to operate and maintain the District’s right of way and works of the District. Such authorizations shall be administered by the provisions of Rules 40E-6.201 and 40E-6.221, F.A.C., as a notice general permit. The District will incur less expense in the review of notice general permit applications, and, therefore the application processing fee associated with such facilities and uses shall reflect accordingly, as set forth herein. If multiple uses are being requested and any of those uses require a standard permit, all authorizations shall be requested under the standard permit application and a notice general permit will not be required.

(11) In managing its canal and levee system the District must, from time to time, change its criteria and permit requirements based on regional and site specific conditions. Applicants are cautioned that the information provided by District staff is based on the best available information at the time the information is conveyed, but is subject to change. This is particularly true when applicants delay months or years in submitting an application for permit. Therefore the rules, criteria and requirements in effect at the time a formal application is received for review will be applied to the permit application.

History

Rulemaking Authority 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.118, 373.129, 373.1395 FS. History–New 9-3-81, Formerly 16K-5.01(1), Amended 12-29-86, 9-15-99, 7-12-06, 8-12-13.

Fla. Admin. Code R. 40E-6.021 Definitions

(1) The term “above ground facilities” when used in these rules is intended to mean any and all physical improvements or uses, whether man-made or natural (e.g. vegetation), that are extended above the existing surface of the ground.

(2) The term “change of ownership” when used in these rules is intended to mean the sale, purchase, or transfer of beneficial ownership of property adjacent to the District’s right of way relative to a right of way occupancy permit; or in the case of utilities, bridges, or other such public facilities, the sale, purchase, or transfer of responsibility.

(3) The term “easement” when used in these rules is intended to mean the District’s legal interest in the land for a specific limited use, such as access, construction, operation and maintenance of a canal or levee, access, stock piling of spoil material, or flowage of the land of another.

(4) The term “fee” ownership when used in these rules is intended to mean absolute and unconditional ownership by the District.

(5) The term “financial assurances” when used in these rules is intended to mean a cash bond to be held by the District in a non-interest bearing account, a performance bond issued by a licensed bonding company, a letter of credit issued by a financial institution authorized to do business in the State of Florida, or other such instrument approved by the District.

(6) The term “marina” when used in these rules is intended to mean a docking facility for four (4) or more watercraft.

(7) The term “modification” when used in these rules is intended to mean the addition or deletion of any facilities or uses not specifically authorized by the original permit.

(8) The term “notice general permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District for specific types of uses, with limited review by District staff, as set forth herein, and not requiring Governing Board approval.

(9) The term “owner” when used in these rules is intended to mean the individual or entity legally responsible for the ownership and control of the facility or authorized use.

(10) The term “permit transfer” when used in these rules is intended to mean the changing of responsibility for the permit authorization from one person or entity to another.

(11) The term “public works project” when used in these rules is intended to mean projects such as bridges, roads, utilities, and parks.

(12) The term “right of way” when used in these rules is intended to mean those lands acquired by the District in fee, easement, or other type of grant, for the purpose of construction, operations and maintenance of works of the District including, but not limited to, canals, levees, water control structures, spoil areas, Stormwater Treatment Areas (STAs), and access roads.

(13) The term “right of way occupancy permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District, either by a notice general permit or a standard permit.

(14) The term “safety features” when used in these rules is intended to mean those appurtenances/facilities associated with public work projects such as signage, guardrails, bollards, signalization, handrails and lighting/security poles.

(15) The term “STA” when used in these rules is intended to mean the District’s Everglades Nutrient Removal Project (“ENR”), as well as those areas currently, or in the future, designated by the District as Stormwater Treatment Area’s.

(16) The term “staging area” when used in these rules is intended to mean that portion of land, 100' in length, for the entire width of the District’s right of way, located on the upstream and downstream sides of all bridge and pile-supported utility crossings.

(17) The term “standard permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District for all uses not covered by a notice general permit, with a full review by District staff, as set forth herein, and requiring Governing Board approval.

(18) The term “top of bank” when used in these rules is intended to mean the point at which the flat or nearly level ground surface transitions down to the channel along the side slope of the canal bank.

(19) The term “tree” when used in these rules is intended to mean not only the trunk of the tree, but the farthest part of the canopy of the tree at maturity as well.

(20) The term “utility” when used herein means entities providing water, electric, telephone, fiber optic/cable, sewer, or natural gas services.

(21) The term “violator” when used in these rules is intended to mean any persons or entities acting contrary to the provisions of Chapter 373, F.S., these rules, as well as the provisions of any permit issued pursuant to these rules.

(22) The term “works of the District” when used in these rules is intended to mean the canals, levees, structures, lands, water bodies, and other associated facilities which have been adopted as such by the District’s Governing Board.

(23) The term “Zone 1” when used in these rules is intended to mean the canal channel from the top of bank to the opposite top of bank, as depicted in subsection 40E-6.011(7), F.A.C.

(24) The term “Zone 2” when used in these rules is intended to mean the point on the right of way from the top of bank to a point five (5) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(25) The term “Zone 3” when used in these rules is intended to mean the point on the right of way from a point five (5) feet landward from top of bank to a point twenty (20) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(26) The term “Zone 4” when used in these rules is intended to mean the point on the right of way from a point twenty (20) feet landward from top of bank to a point forty (40) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(27) The term “Zone 5” when used in these rules is intended to mean any right of way located farther than forty (40) feet from the top of bank, as depicted in subsection 40E-6.011(7), F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 9-15-99, Amended 7-12-06, 8-12-13.

Fla. Admin. Code R. 40E-6.031 Implementation

(1) The effective date for the program established in this chapter is August 12, 2013.

(2) All permits issued prior to the effective date of these rules shall remain in effect, except as provided herein.

(3) All applications, and permit application processing fees, for permits received by the District prior to the effective date of these rules shall be processed using the criteria set forth in Criteria Manual for Use or Occupancy of the Works or lands of the District – Permit Information Manual, adopted August 12, 2013.

(4) All applications, and permit application processing fees, received by the District on or after the effective date of these rules shall be subject to the provisions of these rules and the criteria adopted pursuant to these rules as set forth in Rule 40E-6.091, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 9-3-81, Amended 12-29-86, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.041 Consent Required

(1) Unless expressly exempt by law or District rule, a right of way occupancy permit, either a notice general permit or a standard permit, must be obtained prior to connecting with, placing structures in or across, discharging into or making use of the works of the District and any additional lands or real property interest owned by the District used in conjunction with such works, including the Stormwater Treatment Areas (STA’s).

(2) All other use and occupancy of District works or lands must be consistent with the purposes and objectives of Chapter 373, F.S., and Division 40E, F.A.C.

(3) These rules do not apply to:

(a) Those portions of “management areas” described pursuant to Chapter 40E-7, Part V, F.A.C., not contained within Works of the District, or

(b) Property managed by the District pursuant to the District’s Real Estate of leasing policies, except as otherwise limited by subsection 40E-6.221(9), F.A.C.

(4) These rules do not apply to the Seminole Tribe of Florida at such time as there exists a District approved agreement specifically addressing the use and management of District rights of way between the District and the Seminole Tribe of Florida.

(5) Except when works or lands of the District have been affirmatively opened to public vehicular use, a right of way occupancy permit must be obtained prior to traveling on or across such works or lands.

(6) A conceptual approval for the use of works of the District may be obtained by processing a right of way occupancy permit application in conjunction with the request for a letter of conceptual approval only if the letter of conceptual approval is requested pursuant to Section 380.06(9)(b), F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 380.06(9)(b), 373.118 FS. History–New 9-3-81, Formerly 16K-5.01(1), 16K-5.10, Amended 7-1-86, 12-29-86, 12-24-91, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.051 Exemptions

(1) The following uses are exempt from permitting under this chapter where such facilities and uses comply with the criteria contained in the Criteria Manual, incorporated by reference in subsection 40E-6.091(1), F.A.C.:

(a) The planting or maintenance of native or drought and insect resistant turf grasses;

(b) Drain lines (pool, roof, air-conditioning);

(d) Irrigation lines, flush or pop-up sprinklers, draft lines.

(2) An exemption from these rules shall not relieve any person or entity from compliance with other District permit requirements and any applicable permit requirements of federal, state and local government.

(3) The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage resulting from the District’s utilization of its rights of way or use by third parties. Improvements placed within the right of way are done so at the sole risk of the owner.

(4) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District’s canal or any activities which may include use or contact with water from the District’s canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 12-24-91, Amended 9-15-99, 7-12-06, 8-12-13.

Fla. Admin. Code R. 40E-6.091 Publications Incorporated by Reference

(1) The “Right of Way Criteria Manual for Use of the Works or Lands of the District – August 12, 2013” (“Criteria Manual”) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03052), which includes separate and distinct minimum criteria developed to address the unique characteristics and operational needs of the respective areas of the District.

(2) The works and lands of the District subject to this chapter are adopted by the Governing Board by Resolution in accordance with the provisions of Section 373.086, F.S. A current list of the adopted Works of the District is available upon request and can also be located on the District’s website (www.sfwmd.gov).

(3) The document listed in subsection (1) is published by the District and available upon request, as well as located on the District’s website.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 403.0877 FS. History–New 9-3-81, Formerly 16K-5.01(3), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.101 Content of Application

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.117, 373.118, 471.003 FS. History–New 9-3-81, Formerly 16K-5.04 (1), Amended 12-1-82, 12-29-86, 12-24-91, 9-15-99, Repealed 8-12-13.

Fla. Admin. Code R. 40E-6.121 Conditions for Issuance of Notice General Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.118 FS. History–New 9-15-99, Repealed 8-12-13.

Fla. Admin. Code R. 40E-6.201 Content of Application

(1) Applications for permits shall be filed with the District. The permit application shall contain the following information:

(a) A completed Form 0122 “Application to the South Florida Water Management District for Right of Way Occupancy Permit” effective date August 12, 2013, which is hereby incorporated by reference and which may be obtained at the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406;

(b) The applicant’s name and address, if other than owner, including zip code and phone number;

(d) The project location relative to County, Section, Township and Range; Lot, Block and Subdivision; or a metes and bounds description;

(e) A description of the portion of the works or lands of the District to be used;

(f) Whether the use is a proposed, existing, or a modification of an existing use;

(g) A description of the use or encroachment on works or lands of the District and in which zone, as depicted in subsection 40E-6.011(7), F.A.C., the use will be located;

(h) At a minimum, Four (4) copies of the following scaled or fully dimensioned 8 1/2'' x 11'' drawings the use in plan and elevation views, related to the applicable work of the District, and tied to a known reference point in the immediate area of the proposed use. Larger drawings or aerial photographs shall be required, if necessary to adequately show the location and nature of the proposed use. A property survey, indicating the location of the District right of way boundary line, shall also be provided.

All drawings shall utilize English units of measure or a combination of both English and metric units of measure. Vertical datum shall be National Geodetic Vertical Datum (1929), North American Vertical Datum (1988), or Mean Sea Level and the datum utilized shall be specified on the drawing(s).
All drawings shall be in accordance with the specified requirements set forth in the Criteria Manual.

(i) Information sufficient to demonstrate that the use meets the criteria established in the document referred to in Rule 40E-6.091, F.A.C.; and

(j) The estimated length of time needed for completion of the proposed work once construction has begun.

(2) Applications shall be signed by both the owner(s) and/or authorized agent, if applicable.

(3) Applications shall not be considered complete until such time as the following have been received and accepted by the District:

(a) All requirements set forth in subsections (1) and (2), above,

(b) Insurance and financial assurances in accordance with Rule 40E-6.361, F.A.C.; and

(c) All land interests required for access and/or maintenance easements in connection with applications for permits that impede District access.

(4) If the District determines that the application is incomplete, the District shall request the information needed to complete the application within 30 days of its receipt. The applicant shall have 90 days from receipt of a timely request for additional information to submit that information to the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.117, 471.003 FS. History–New 9-15-99, Amended 8-12-13.

Fla. Admin. Code R. 40E-6.221 Conditions for Issuance of Permits

(1) The District has determined that certain uses shall be authorized under a standard permit when located in an authorized zone and when they comply with the criteria established in the Basis of Review, incorporated by reference in Rule 40E-6.091, F.A.C. These uses are set forth in the Permit Index Chart included in the Basis of Review.

(2) The District has determined that certain uses, not eligible for a notice general permit shall be authorized under a standard permit when located in an authorized zone and when they comply with the criteria established in the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C. These uses are set forth in the Permit Index Chart included in the Criteria Manual.

(3) In determining whether a permit should be issued, the District shall consider whether the activity unduly burdens the District’s interests. In making this decision, the District shall weigh the following critical factors:

(a) Interferes with the present or future construction, alteration, operation or maintenance of the works or lands of the District;

(b) Is consistent with the policy and objectives of Chapter 373, F.S., including the legislative declaration of policy contained in Section 373.016, F.S.

(c) Has an actual or potential negative impact upon environmentally sensitive areas, which include: wetlands; endangered or threatened species habitat; aquatic preserves; Outstanding Florida Waters; Class I or Class II waters; federal, state and privately owned parks and wildlife management areas; designated areas of critical state concern; lands purchased by federal, state and local governments for the purpose of environmental protection, water resource protection and aesthetics; and lands which contain native terrestrial plant species in significant amounts. Environmentally sensitive areas include areas on and off-site that are affected by activities which occur on, or are initiated from, the works of the District;

(d) Degrades water quality within the receiving water body or fails to meet the provisions of Chapter 373, F.S., the state water policy, and Title 40E, F.A.C.;

(e) Involves a discharge of wastewater from a new wastewater source or an increased discharge from an existing wastewater source;

(f) Will discharge debris or aquatic weeds into works of the District or cause erosion or shoaling within the works of the District;

(g) Is supported by financial assurances, which will ensure that the proposed activity will be conducted in accordance with Chapter 373, F.S., and Chapter 40E-6, F.A.C.;

(h) Interferes with scientific activities;

(i) Presents an increased liability risk to the District;

(j) Meets the general and specific criteria in the Criteria Manual which is incorporated by reference in Rule 40E-6.091, F.A.C.;

(k) Interferes with actual or potential public use of the District’s works or lands, including public recreational or other facilities not within the District’s works;

(l) Meets applicable criteria in Chapter 40E-61, F.A.C.

(m) The natures of the District’s property interest.

(n) Any and all above-ground facilities located within the clear 40 foot wide right of way, as set forth in subsection 40E-6.011(4), F.A.C., or within the right of way at locations where the right of way is less than 40 feet wide, as measured from the top of the canal bank landward, are prohibited, except for:

Safety features associated with public works projects; and
Installations necessary to support District works, including but not limited to utilities.

(4) The District shall consider a permit applicant’s past and present violation of any District rules or permit conditions, including enforcement action, when determining whether the applicant has provided reasonable assurances that District standards will be met.

(5) Activities which can be carried out through the District’s real property acquisition and disposal policy will not be eligible for a permit under this chapter.

(6) The District shall also consider the cumulative impact of allowing the proposed use. Based upon the cumulative impact of allowing similar uses in the affected area, the District shall deny uses which appear insignificant with regard to the above criteria if the cumulative impact is significant.

(7) The structural integrity of bridges across District works or lands shall be certified by a professional engineer registered in the State of Florida, except as provided in Section 471.003, F.S.

(8) In those instances where the District does not own the underlying fee simple title, it shall be the responsibility of the applicants to obtain approval from the owner of the underlying fee. The District does not, however, assume any duty to protect the legal rights of the underlying fee owner.

(9) Except for utilities, no commercial uses on the District’s fee-owned rights of way will be authorized by a Right of Way Occupancy Permit. However, applicants may apply for such use in accordance with the District’s real estate or leasing policies. Commercial use of the District’s non fee-owned rights of way by the underlying fee-owner shall be authorized under a right of way occupancy permit provided such authorizations are determined to be in accordance with those determining factors set forth in subsection 40E-6.221(3), F.A.C..

(10) Except for utilities and governmental entities, an applicant must own or lease the land underlying or adjacent to or served by the portion of the works or lands of the District involved.

(11) In addition to the requirements and restrictions set forth in subsections (1) through (9), the District, due to its proprietary interest in its lands and works, possesses and exercises all the rights and remedies available to owners of real property through statutory and common law.

(12) The Limiting Conditions set forth in Rule 40E-6.361, F.A.C. shall be incorporated into every Permit issued.

(13) Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.117, 471.003 FS. History-New 9-15-99, Amended 8-12-13.

Fla. Admin. Code R. 40E-6.301 Conditions for Issuance of Permits

History

Rulemaking Authority 373.044 FS. Law Implemented 373.016, 373.083(1), 373.085, 373.086, 373.093 FS. History–New 9-3-81, Formerly 16K-5.03, 16K-5.04(1), (4), 16K-5.05(11), 16K-5.13, Amended 12-29-86, 12-24-91, Repealed 9-15-99.

Fla. Admin. Code R. 40E-6.321 Duration of Permits

(1) Permits issued prior to the effective date of September 15, 1999 and which do not comply with the Basis of Review incorporated by reference in Rule 40E-6.091, F.A.C., shall expire upon the change of ownership of the property unless transferred pursuant to Rule 40E-6.351, F.A.C. below. These authorizations shall not be transferred to a new property owner and must be immediately removed from the District’s right of way unless a new permit application has been submitted and approved by the District.

(2) Unless revoked or otherwise modified the duration of a right of way occupancy permit is:

(a) As set forth in the permit, including the special conditions to the permit; or

(b) After construction is complete, perpetual, unless revoked.

(3) Permits authorizing construction expire automatically on the date indicated on the face of the permit, unless a written request for extension is received by the District on or before the expiration date. If an extension has not been requested prior to the expiration of the permit, a new application, including the application processing fee, must be submitted. Upon the expiration of a permit, all construction activities must cease until the new permit has been issued. Extensions of the construction period may be granted administratively, or in cases involving litigation, environmental, water resource, or other impact, shall be referred to the Governing Board for final action. The District shall decline to extend a permit authorizing construction if the proposed use is no longer consistent with the objectives of the District or other provisions of these rules.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 9-3-81, Formerly 16K-5.07, Amended 12-29-86, 9-15-99.

Fla. Admin. Code R. 40E-6.331 Modification of Permits

(1) Applications for permit modifications required by this chapter shall be filed by formal application, including the permit modification application fee, with the District.

(2) Applications for modification to permitted uses shall be reviewed using the same criteria as new applications, pursuant to Rules 40E-6.091 and 40E-6.221, F.A.C.

(3) Letter modifications shall be issued by District staff, provided the requested modification:

(a) Does not substantially alter the permit authorization;

(b) Does not interfere with construction, operation and maintenance of District lands or works; and

(4) Under Sections 373.083 and 373.085, F.S., the District is authorized to modify a permit when it determines that the currently permitted use has become inconsistent with the factors and conditions enumerated in Rule 40E-6.221, F.A.C.

(5) Permit modifications may be initiated by the District in accordance with the provisions of Chapter 40E-1, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086 FS. History–New 9-3-81, Formerly 16K-5.11(1), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.341 Revocation of Permits

(1) Under Sections 373.083 and 373.085, F.S., the District is authorized to revoke a right of way occupancy permit under any of the following circumstances:

(a) The Permittee or his agent has committed any of the acts enumerated in Rule 40E-1.609, F.A.C.;

(b) The permitted use interferes or will interfere with the construction, alteration, operation, or maintenance of present or proposed works or lands of the District;

(c) The Permittee has failed to immediately comply with an emergency or other order issued pursuant to Rule 28-106.501, F.A.C.;

(d) The permitted use is no longer consistent with the factors and conditions enumerated in Rule 40E-6.221, F.A.C., the provisions of Chapter 373, F.S., Title 40E, F.A.C., and the state water policy, Chapter 62-40, F.A.C;

(e) The permitted use is inconsistent with any provision of this rule, or any subsequent revisions to this rule, including any provision of the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C.; or

(f) The permitted use is no longer consistent with District policy, based upon a change in District policy.

(2) Right of Way Occupancy permits are subject to immediate revocation by the District’s Executive Director with the concurrence of the Governing Board if an emergency condition exists and the continued exercise of the permit might endanger lives, human safety or property.

(3) Revocations for reasons specified in subsection (1) shall be conducted in accordance with the procedures specified in Rules 40E-1.609 and 28-107.004, F.A.C. Emergency revocations under subsection (2) shall be conducted in accordance with the procedures specified in Rule 28-107.005, F.A.C.

(4) The provisions herein shall take precedence over the general revocation provisions set forth in paragraphs 40E-1.609(1)(a) through (e), F.A.C., as the permit program governing use of works and lands of the District is a proprietary based program. To the extent there is any conflict between the general provisions of Chapter 40E-1, F.A.C., the specific provisions of Chapter 40E-6, F.A.C., shall prevail.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(5), 373.085, 373.086, 373.129 FS. History–New 9-3-81, Formerly 16K-5.07(3), (4), Amended 12-29-86, 12-24-91, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.351 Transfer of Permits

(1) As the District has no control over the sale or transfer of real or personal property, it is the sole obligation of a Permittee or their agent to disclose the existence of a Right of Way Occupancy Permit, its terms and conditions, to prospective purchasers.

(2) Right of Way Occupancy Permits shall be transferred when:

(a) The request is otherwise consistent with the provisions of these rules and Chapter 373, F.S.

(b) The applicant demonstrates that the permitted use still qualifies for a permit under Rule 40E-6.221, F.A.C.

(c) The applicant agrees to abide by the provisions of Chapter 373, F.S., this chapter, and the terms and conditions of the permit, including these rules, including the standard limiting conditions, and criteria which are applicable at the time of the request for transfer.

(d) The adjoining land use has not changed.

(e) The request for transfer is accompanied with the correct fee as set forth in paragraph 40E6.601(3)(j), F.A.C.

(f) The applicant authorizes the District to record a Notice of Permit in the official records of the county clerk’s office where the project is located.

(g) In cases where unauthorized facilities or uses have been added that are not included in the permit authorization, a permit transfer request must also be accompanied by a request for modification pursuant to Rule 40E-6.331, F.A.C.

(3) All transfers require a field inspection and shall not become effective until such inspection is conducted and confirms all existing facilities and uses are permitted and comply with the criteria in Rule 40E-6.091, F.A.C., and the conditions of issuance in Rule 40E-6.221, F.A.C. If additional facilities are present, no transfer will be allowed unless the unauthorized facility or use is removed immediately and the right of way restored; or Applicants must submit a new permit application, along with the appropriate application processing fee, for all additional facilities not removed and not currently authorized by a Right of Way Occupancy Permit.

(4) The District staff shall not issue transfers until all financial assurance and insurance requirements, if any, have been provided and accepted by the District staff.

History

Rulemaking Authority 373.044, 373.109, 373.113 FS. Law Implemented 373.085, 373.086, 373.109 FS. History–New 9-3-81, Formerly 16K-5.10, 16K-5.11(2), 16K-5.12, Amended 12-29-86, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.361 Financial Assurances and Insurance

(1) The District shall require the applicant requesting a right of way occupancy permit to provide and maintain financial assurances to the District and its successors, in the form of a cash bond to be held by the District in a non-interest bearing account, a performance bond issued by a licensed bonding company, a letter of credit issued by a financial institution authorized to do business in the State of Florida, or other such instrument approved by the District to ensure full compliance with terms of the permit, including the proper construction, operation, and maintenance of the facility. The amount and type of financial assurance shall be determined by the District.

(a) In instances where the District authorizes use of its rights of way as a temporary haul or access road, which does not include crossing over District structures or associated facilities, the amount of the financial assurance shall be Five Thousand ($5,000.00) Dollars per half mile or multiple thereof, with a minimum amount of Five Thousand ($5,000.00) Dollars.

(b) In instances where the District authorizes the construction of a private bridge on or across the District’s right of way, the amount of the financial assurance shall be based upon a professional engineer’s or certified demolition company’s itemized estimate, to be provided by and paid for by the applicant, of the cost of the demolition of the bridge, removal of the debris, and restoration of the right of way. Such estimates shall be reviewed and approved by District staff.

(c) In instances where the District authorizes the installation of a water or sewer force main installation on or across the District’s right of way other than those constructed by governmental entities, the amount of the financial assurance shall be based upon a professional engineer’s or certified demolition company’s itemized estimate, to be provided by and paid for by the applicant, of the cost of the demolition of the water or sewer force mains, removal of the debris, and restoration of the right of way. Such estimates shall be reviewed and approved by District staff. Upon acceptance by the governmental entity of the facility and the issuance of a permit transfer by District staff, such financial assurances shall be released.

(d) Any other uses of the District’s right of way authorized by the District are subject to adequate financial assurances as determined necessary and reasonable by District staff based upon a complete review of the unique circumstances and the potential liability, both personal injury and property damage, and environmental risks involved with the specific authorized use.

(2) In addition to the provision for financial assurances as provided in subsection (1), above, the District shall require liability insurance, naming the District as an additional insured, in such amount and type as the District staff determines necessary. All insurance must be written by a company duly authorized to do business in the State of Florida or provided pursuant to a self insurance program consistent with the requirements of Florida law.

(3) Any applicable financial assurance or insurance requirement set forth above shall be maintained as a condition of the continued validity of the right of way occupancy permit.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.103 FS. History–New 9-15-99.

Fla. Admin. Code R. 40E-6.381 Limiting Conditions

The District’s authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, Permittees shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter:

(1) All structures on District works or lands constructed by Permittee shall remain the property of Permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District’s lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure.

(2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, Permittee’s consideration of the District’s regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the Permittee’s consideration of upgrades and modifications to the permitted facilities/authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District’s review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by permittee as the District’s assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by Permittee in order to meet Permittee’s duty to incorporate safety features, as set forth above.

(3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney’s fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, “reasonable attorney’s fees” is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.

(4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the Permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District’s satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and Permittee shall be responsible for all removal and restoration costs.

(5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District’s property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee.

(6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and/or future employees, agents, representatives, officers and/or Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District’s in-house attorneys’ fees based upon private attorneys’ fees/rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District’s right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of the Permittee or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.

(7) The District does not waive sovereign immunity in any respect.

(8) The Permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including:

(a) Discharge of debris or aquatic weeds into the works of the District;

(b) Causing erosion or shoaling within the works of the District;

(c) Planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in paragraphs (a), (b) and (c), above.

(d) Leaving construction or other debris on the District’s right of way or waterway;

(e) Damaging District berms and levees;

(f) The removal of District owned spoil material;

(g) Removal of or damage to District locks, gates, and fencing;

(h) Opening of District rights of way to unauthorized vehicular access; or

(i) Running or allowing livestock on the District’s right of way.

(9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District’s canal or any activities which may include use or contact with water from the District’s canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life.

(10) Permittee shall allow the District to inspect the permitted use at any reasonable time.

(11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District’s, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District’s use shall have priority over the Permittee’s use.

(12) This permit is a non-exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District.

(13) The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U.S. Army Corps of Engineers for the works of the District.

(14) If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit.

(15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the Permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the Permittee to pay all taxes due and payable.

(16) Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions.

(17) Permittee authorizes the District to record a Notice of Permit through filing the appropriate notice in the public records of the county or counties where the project is located. Governmental entities and utilities are not subject to this provision.

(18) Permittee shall be responsible for the repair or replacement of any existing facilities located within the District’s right of way which are damaged as a result of the installation or maintenance of the authorized facility.

(19) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners.

(20) It is the responsibility of the Permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the Permittee’s contractors to understand the terms and conditions of this permit and govern themselves accordingly.

(21) It is the responsibility of the Permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District’s determination will be final.

(22) Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District.

(23) The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage resulting from the District’s utilization of its rights of way or use by third parties. Improvements placed within the right of way are done so at the sole risk of the owner.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.103, 373.109, 373.129, 373.1395, 373.603, 373.609, 373.613 FS. History–New 9-3-81, Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 16K-5.04(4), 16K-5.05, Amended 5-30-82, 12-29-86, 12-24-91, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.451 Emergency Authorization

(1) Permission to begin use of works or lands of the District prior to the issuance of a permit shall be granted pursuant to Rule 40E-0.108, F.A.C.

(2) All requests for emergency authorizations must be submitted with both the emergency application processing fee set forth in paragraph 40E-6.601(2)(h), F.A.C., in addition to the applicable standard permit application processing fee set forth in paragraphs 40E-6.601(2)(d) through (g), F.A.C.

(3) In order to be eligible for an emergency permit authorization the applicant must have already filed a standard permit application with the District or simultaneously file a standard permit application with the District.

(4) In addition to the required standard permit application contents, the applicant must also file a written statement with the District which fully explains the basis and circumstances which support and justify the request for emergency authorization.

(5) Mere carelessness or lack of planning on the part of the applicant shall not be sufficient grounds to warrant the granting of an emergency authorization.

(6) The Executive Director may grant an emergency authorization pursuant to Section 373.119(2), F.S.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.119, 373.439 FS. History–New 9-3-81, Formerly 16K-5.09, Amended 12-29-86, 7-1-98, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.481 Emergency Measures

(1) In addition to the provisions of Rule 40E-6.521, F.A.C., permitted uses are also subject to immediate alteration, repair or removal if an emergency condition exists and the continued exercise of the permitted use might endanger lives or property.

(2) In such event the Permittee shall immediately comply with any written or oral instructions from the District regarding alteration, repair or removal of the permitted use.

(3) If the Permittee fails to remove, alter or repair a permitted use when so ordered by the District, the District is authorized to repair, alter or remove it at the Permittee’s expense.

(4) Permittee may request an administrative hearing regarding the emergency order in accordance with the procedures set forth in Rule 28-107.004, F.A.C.

(5) In addition to the provision of Rule 40E-6.521, F.A.C., unpermitted uses are also subject to the provisions of this section.

(6) In no circumstances shall the District be responsible for any claims or damages caused in whole or in part, from any necessary emergency removal, alteration, or repair of any permitted or unpermitted use.

(7) All permitted and unpermitted uses are subject to the specific terms of an Emergency Order(s) which may be issued by the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.119, 373.439 FS. History–New 9-3-81, Formerly 16K-5.08, Amended 12-29-86, 7-2-98, 9-15-99, 8-12-13.

Fla. Admin. Code R. 40E-6.491 Unlawful Use

History

Rulemaking Authority 373.044, 373.113, 373.129 FS. Law Implemented 120.68, 373.083(1), 373.085, 373.086 FS. History–New 9-3-81, Formerly 16K-5.06, Amended 12-29-86, Repealed 9-15-99.

Fla. Admin. Code R. 40E-6.501 Unlawful Use and Civil Penalties

(1) It shall be unlawful to connect with, place structures in or across, or otherwise make use of works or lands of the District without a Right of Way Occupancy Permit. The District may use any remedy available to it under Florida common law and statutory law and the District’s rules, to remove or cause the unpermitted use to be removed, as well as the assessment of civil penalties pursuant to this rule.

(2) It shall be unlawful for any Permittee to violate the provisions of Chapter 373, F.S., and Chapter 40E-6, F.A.C., or the terms and conditions of a Right of Way Occupancy Permit. The District shall use any remedy available to it under Florida common law and statutory law and the District’s rules, to remove or cause the unpermitted use to be removed, as well as the assessment of civil penalties pursuant to this rule. The District shall, in furtherance of the purposes of Chapter 373, F.S., allow the permitted use to be brought into compliance with the permit by means of a permit modification if the unlawful use complies with the criteria set forth in Rule 40E-6.091, F.A.C.

(3) Damage to works or lands of the District resulting from the violations specified in subsections (1) and (2), above, shall, within the timeframes and in a manner consistent with the District’s requirements, be repaired by the violator to the satisfaction of the District, however, the District reserves the right to make any and all necessary repairs, the full cost of which shall be the responsibility of the violator.

(4) Violators shall be responsible for payment of civil penalties up to $10,000.00 per day, per violation, pursuant to Section 373.129, F.S., investigative costs and the District’s attorney’s fees (including appeals).

(5) Factors considered in the assessment of civil penalties shall be:

(a) Habitual violator;

(b) Threat to health, safety, and welfare (flooding);

(d) Severity of impact (size of drainage basin);

(e) Potential for damage to surrounding property;

(f) Threat to District staff if self-help used

(g) Exposure of District to other liabilities;

(h) Environmental impact;

(i) Water quality; and

(j) Unusual circumstances.

(6) Vessels which are being occupied or used as a temporary or permanent residence or business, or other vessels which have an adverse impact on the District’s ability to construct, operate, and maintain its canals and structures, will not be permitted within District works or lands. However, this limitation shall not be construed to prohibit vessels which are actively navigating from place to place.

(7) The planting of any vegetation not included on the District’s designated plant list, contained in the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C., or specifically authorized by District permit within District works or lands will not be permitted.

(8) The abandonment of personal property within District works or lands will not be permitted.

(9) Use of the works or lands of the District as a temporary or permanent place of residence or shelter will not be permitted.

(10) It shall be unlawful for any person or entity to remove any spoil, without authorization from the District, and the District specifically reserves any and all rights to pursue such violations in both criminal and civil proceedings, in addition to the provisions contained herein.

History

Rulemaking Authority 373.044, 373.113, 373.129 FS. Law Implemented 373.085, 373.086, 373.603, 373.609, 373.613 FS. History–New 9-15-99, Amended 8-12-13.

Fla. Admin. Code R. 40E-6.521 Self Help

(1) Unlawful uses or facilities placed within the works or lands of the District are subject to removal and restoration at the District’s discretion with no guarantee of salvageability. In no circumstances shall the District be responsible for any claims or damages caused, in whole or in part, from any self help removal and restoration of any unlawful uses or facilities.

(2) When employing self help, the District is not required to provide any notice of its intended action.

(3) The District may seek to recover removal and restoration costs, investigative costs, and attorneys fees and costs (including appeals) incurred in carrying out self help done to resolve the unlawful use of District works and lands.

History

Rulemaking Authority 373.044, 373.113, 373.129 FS. Law Implemented 373.085, 373.086, 373.603, 373.609, 373.613 FS. History–New 9-15-99.

Fla. Admin. Code R. 40E-6.601 Permit Application Processing Fees

(1) A permit application processing fee is required and shall be paid to the District when applications are filed pursuant to District rules to connect with and make use of the works or lands of the District. An application is not deemed complete and shall not be processed until the appropriate application fee is submitted. These fees are assessed in order to defray the cost of evaluating, processing, and mailing required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect.

(2) Based upon years of experience in reviewing applications for District right of way occupancy permits, the District has determined that applications for existing facilities or uses require additional staff time and resources (as compared to proposed facilities) in order to thoroughly review and inspect, and this differential shall be reflected in the application processing fees for all right of way occupancy permit authorizations as set forth herein.

(3) The fee for permit applications reviewed pursuant to Chapter 40E-6, F.A.C., more specifically described in the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C., are as follows:

(a) Notice General Permit Application, Notice General Permit Modification Application relating to a single family residential use (Category NGP-1) – No Fee.

Existing, unpermitted facilities which would otherwise be eligible for a NGP-1 shall pay the Category SP-1 fee, below.

(b) Notice General Permit Application, Notice General Permit Modification Application for uses proposed by homeowners associations and condominium associations relating to more than one individual lot or dwelling unit (Category NGP-2) – $150.00.

Existing, unpermitted facilities which would otherwise be eligible for a NGP-2 shall pay the Category SP-2 fee, below.

(c) Notice General Permit Application, Notice General Permit Modification Application for uses proposed by developers, builders, corporate entities, utilities, county, state, or local entities (Category NGP-3) – $300.00.

Existing, unpermitted facilities which would otherwise be eligible for a NGP-3 shall pay the Category SP-3 fee, below.

(d) Notice General Permit Application, Notice General Permit Modification Application relating to bridges, excluding culvert bridges (Category NGP-4) – $900.00.

Existing, unpermitted facilities which would otherwise be eligible for a NGP-4 shall pay the Category SP-4 fee, below.

(e) Standard Permit Application, Standard Permit Modification Application relating to a single family residential use which does not meet Notice General Permit Criteria (Category SP-1) – $75.00.

(f) Standard Permit Application, Standard Permit Modification Application relating to uses by homeowners associations and condominium associations and do not meet Notice General Permit Criteria (Category SP-2) – $300.00.

(g) Standard Permit Application, Standard Permit Modification Application relating to uses by developers, builders, corporate entities, utilities, county, state, or local entities, as well as all other uses not covered in Categories SP-1, SP-2 and SP-4 (Category SP-3) – $625.00.

(h) Standard Permit Application, Standard Permit Modification Application relating to uses involving bridges, linear parks, greenways, similar park and recreation projects, marinas and associated facilities (Category SP-4) – $1750.00.

(i) Application for emergency authorization pursuant to Rule 40E-6.401, F.A.C. – $275.00.

(j) Requests for transfer of Right of Way Occupancy Permits, pursuant to Rule 40E-6.351, F.A.C. (Transfer) $50.00.

(4) Notwithstanding the provisions set forth in this rule, upon request, the District shall waive any and all right of way occupancy permit application processing fees for right of way occupancy permit applications submitted by the governing body of a governmental entity only if provided with a resolution or other documentation as to the reciprocity commitment of the respective governmental entity applying for the right of way occupancy permit and clearly establishing that governmental entity’s reciprocal waiver of any and all fees required for the District to carry out canal operation, maintenance, and construction activities for the District.

(5) Notwithstanding the provisions set forth in this rule, no permit application processing fee will be required from utilities or other necessary service providers, where the permitted facility or use of the works or lands of the District is required to supply utility or other necessary service to an existing or proposed District facility.

(6) The above permit application processing fees shall not apply to either the Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida for facilities and uses located exclusively within the boundaries of their respective reservations or included in leases with the District.

History

Rulemaking Authority 373.044, 373.109, 373.113 FS. Law Implemented 373.109, 373.085, 373.086 FS. History–New 9-15-99, Amended 8-12-13.

Fla. Admin. Code R. 40E-6.701 C-18 Policy and Purpose

In addition to the policies and purposes enumerated in Rule 40E-6.011, F.A.C., the C-18 canal right of way, downstream of the District's S-46 structure, was established as a revegetation area in order to implement a policy for revegetation of the C-18 canal right of way through the use of a small scale land use plan. The intent of the revegetation plan (“C-18 Plan”) is to restore the natural river values of the northwest fork of the Loxahatchee River and Limestone Creek for the benefit of all canal right of way users. The purposes of the revegetation plan include maintenance of flood control protection, increasing diversity and desirability of wildlife habitat, providing filtering and water quality benefits, and considering the goals of adjacent landowners.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 8-12-13, Formerly 40E-62.021.

Fla. Admin. Code R. 40E-6.711 C-18 Canal Right of Way Boundary

The boundary of the C-18 canal right of way which is the subject of this rule lies east of District Structure S-46 to the easterly limit of the Canal right of way. The boundary is generally depicted on the map in Figure 62-1. The map is for illustrative purposes only and should not be relied upon for conveyances of title to real property.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 8-12-13, Formerly 40E-62.023.

Fla. Admin. Code R. 40E-6.721 C-18 Permits Required

In addition to the requirements of Section 40E-6.041(1), F.A.C.:

(1) An occupancy permit must be obtained prior to removing, maintaining, or pruning vegetation, mooring boats, and placing other items on, across, under, or upon District lands and works along the C-18 canal right of way.

(2) General Permits shall be issued for occupancy or uses of the C-18 right of way that are consistent with the use zones provided for in Rule 40E-6.751, F.A.C.

(3) The District shall require a standard right of way occupancy permit pursuant to Rule 40E-6.221, F.A.C., for any occupancy or use of the C-18 right of way which does not comply with the C-18 revegetation plan set forth herein.

(4) Occupancy or uses of the C-18 right of way which are inconsistent with the use zones provided for in Rule 40E-6.751, F.A.C., will not be eligible for a general permit under these rules.

(5) All projects located within the C-18 canal right of way which require permits pursuant to Rules 40E-6.041 and 40E-6.721, F.A.C., shall be constructed, altered, operated, and maintained in accordance with the standards and criteria specified in Rules 40E-6.091, 40E-6.201 and 40E-6.751, F.A.C. The most restrictive criteria will apply unless the applicant can demonstrate to the District’s satisfaction through accepted methodology that the policy and purpose of C-18 revegetation plan will be fulfilled using alternative criteria.

(6) An occupancy permit issued pursuant to this Part is authorized to be revoked if the permitted use or maintenance practices are no longer consistent with the use zones specified in Rule 40E-6.751, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 8-12-13, Formerly 40E-62.041, 40E-62.042, 40E-62.043, 40E-62.341.

Fla. Admin. Code R. 40E-6.731 C-18 Exemptions

(1) No permit is required under this Part for the improved boat docks in existence as of September 3, 1981, which include, but may not be limited to the boat dock located on lot 25.2, Figure 62-1, on the south side of the C-18 canal approximately 1900 feet west of Loxahatchee River Road (the Moore dock).

(2) The exemption provided in section (1) above shall be in effect for as long as the property owner on the established date for the C-18 revegetation plan (1-23-1990), owns and occupies the premises. A change in ownership or occupancy of the designated lot shall subject the boat dock to the requirements of the C-18 plan.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 8-12-13, Formerly 40E-62.051

Fla. Admin. Code R. 40E-6.741 C-18 Limiting Conditions

All projects which have been permitted pursuant to the C-18 Plan shall be subject to the following limiting conditions, in addition to all limiting conditions set forth in Rule 40E-6.381, F.A.C.:

(1) Maintenance practices or other activities not authorized by an occupancy permit which result in clearing or destruction of plant materials or modification of ground slopes or elevations shall be corrected by the permittee. Should the correction not be performed in a timely manner, the District is authorized to pursue corrective action against the permittee. In the event the permittee does not pursue the necessary corrective action, District forces may perform the work. In the event District forces perform the restorative work, the permittee shall be liable for the restoration costs.

(2) The District is authorized to install access control fences on District property on the C-18 right of way at locations to be determined by the District. Access control fences may obstruct or eliminate the view corridor overlay zones associated with said fence.

(3) The District may modify the vegetation on District property on the C-18 right of way at locations to be determined by the District.

(4) The permittee shall not engage in any activity in the area associated with the permit which interferes with the District’s construction, alteration, maintenance or operation of the C-18 canal right of way, and shall be responsible for any costs incurred by the District resulting from any such interference including, but not limited to:

(a) Discharging debris or aquatic weeds into the C-18 canal, including the renovated portions of Limestone Creek;

(b) Causing erosion or shoaling within the C-18 canal right of way;

(d) Planting plants which are not included in the District’s authorized plant list or which are not authorized by the permit;

(e) Placing plants in undesirable locations or locations not authorized by the permit.

(5) The permittee shall not engage in any activity which interferes with the environmental preservation and enhancement of the C-18 canal right of way, including, but not limited to:

(a) Trimming or removing existing natural mangroves unless in strict accordance with current permits;

(b) Trimming or removing vegetation along the C-18 canal right of way.

(6) The limiting conditions provided by Rule 40E-6.381, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.085, 373.086, 373.103, 373.129 FS. History–New 8-12-13, Formerly 40E-62.381.

Fla. Admin. Code R. 40E-6.751 C-18 Use Zones

(1) The following sections identify and describe the eight use zones that have been established within the C-18 canal right of way. Three of the use zones are identified as overlay zones. The overlay zones occupy lands in common with the other use zones and further define the use regulations in the underlying zone area. The eight use zones are:

(a) Canal Flood Zone;

(b) General Wildlife Area Zone;

(d) Limestone Creek Zone;

(e) Fire Control Zone;

(f) Intertidal Wet Area Overlay Zone;

(g) Canal Flood Overlay Zone; and

(h) View Corridor Overlay Zone. The use zones are generally depicted in Figure 1. The overlay zones are generally depicted in Figure 1. The following provisions identify uses which are consistent and inconsistent with each use zone.

(2) The District has identified water skiing, jet skiing, and any other boating activity that produces boat wakes as inconsistent with the Canal Flood Zone, the Limestone Creek Shallow Zone, and the Limestone Creek Zone. Although the District does not have jurisdiction to regulate such activities, the District encourages users of the C-18 canal to observe no wake speeds. The District will also cooperate with the appropriate regulatory authorities to establish and maintain no wake zones in the above specified zones.

(3) There may be locations in the Limestone Creek Shallow Zone and the Limestone Creek Zone where boat docks and access platforms are proposed for installation on private property. The District views such boat docks and access platforms as inconsistent with the initial phases of the revegetation plan and discourages, but cannot and does not prohibit, construction of such boat docks and access platforms until the revegetation plan succeeds and until no wake speeds are established.

(4) Canal Flood Zone.

(a) Description: This zone consists of the primary canal cross section designed for flood control. Said zone is defined as the area consisting of the canal, including 105' bottom width, 1 on 2 side slopes from elevation -6.0 to -3.0, 1 on 5 side slopes from elevation – 3.0 to 3.0, or the channel as it currently exists. This zone shall be free of floating or submerged obstructions.

(b) Consistent uses include the following:

Fishing;
Public watercraft sightseeing and cruising;
Environmental study and appreciation;
Swimming;
Maintenance activities conducted by the District and the permittee; and
Navigation signs.

Mooring boats or other floating items;
Docks of any kind; and
Any activity which blocks, impedes or creates turbulence in the flow of water from flood control discharges.

(5) General Wildlife Area Zone.

(a) Description: This zone consists of lands from above elevation 3.0 to the edge of the C-18 canal right of way. The area within this zone is intended for the primary use of wildlife and therefore is designed to provide food, cover and resting places for wildlife.

(b) Consistent uses include the following:

Typical and normal activities of wildlife residing in or visiting the area;
Environmental study and appreciation;
Public passage from upland, off-site areas to the C-18 canal right of way, including Limestone Creek;
Maintenance activities conducted by the District and the permittee;
Paths which meet the requirements of paragraph 40E-62.651(5)(e), F.A.C.;
Permitted utility uses; and
Small group picnicking.

Clearing or substantial thinning of vegetation;
Capturing, trapping, hunting or otherwise taking, harassing or destroying wildlife, not including fishing and shellfishing activities or removing dangerous wildlife, such as poisonous snakes and rats;
Camping; and
Large group picnicking.

(d) Public passage areas shall not interfere with areas designed for food, cover, resting and passageways for wildlife. Users of the C-18 canal right of way are advised to dress properly for passage through native vegetation and are further advised that wildlife may be encountered.

(e) A general permit is in effect pursuant to this part for paths which are designed and maintained for access by residents adjacent to the C-18 canal right of way subject to the following requirements:

Paths shall meet District design standards, generally following an irregular alignment in order to minimize interruption to wildlife areas, to minimize opening direct viewing corridors from the C-18 canal, and to discourage passage of the general public from the right of way onto private property;
Paths shall be a maximum of six feet in width;
Path design shall include a landscape plan, a maintenance plan and details necessary to illustrate proposed construction. Sod and regular intervals of mowing will not be considered an acceptable path;
Paths located within the C-18 right of way shall be open to the public; the District will consider alternative designs for paths which would allow access to the handicapped; and
The District recognizes that adjacent property owners may erect signs or other barriers on their own property in order to limit public access to private property from the C-18 right of way.

(6) Limestone Creek Shallow Zone.

(a) Description: This zone consists of the portions of Limestone Creek that are specified and designed to be one to two feet deep. This zone includes the portions of Limestone Creek depicted in Figure 1 and further described as follows:

Adjacent to River Oaks: Lots 17-21.
Adjacent to Jupiter Landings: 10' east of the westerly line of the boat storage area extending 56' east of the Central Blvd. bridge.
Adjacent to Riverwalk: 75' east of the Central Blvd. bridge extending to 500' east of the Central Blvd. bridge.
Adjacent to the remaining single family uses along the South of the Canal: 3000' east of the Central Blvd. bridge to 1100' west of the Loxahatchee River Road bridge.

(b) Consistent uses include the following:

Fishing;
Boating by low speed, low noise watercraft;
Environmental appreciation; and
Permitted maintenance activities.

Recreational or other activities that damage or remove plant or bank material.

(7) Limestone Creek Zone.

(a) Description: This zone consists of the portions of Limestone Creek that are designed to be greater than two feet in depth and are not a part of the Limestone Creek Shallow Zone.

(b) Consistent uses include the following:

Fishing;
Environmental appreciation;
Sightseeing by water; and
Limited subdivision access, subject to zone requirements.

The adjacent residents have indicated interest in access to the water by subdivision. During the period that revegetation is proceeding, the District will allow limited subdivision access consisting of one access area per subdivision for the purpose of canoe access and pedestrian access. Conditions will be specified per subdivision and will include, but not be limited to:

a. The revegetation is proceeding without delay and with success;

b. Subdivisions shall agree to design, construct and maintain access areas according to the provisions of subparagraph 40E-62.651(7)(c)2., F.A.C.

Limited subdivision access areas shall meet the following requirements:

a. Design of all facilities which connect with the C-18 canal right of way or Limestone Creek shall be approved by the District through the permit process established by this part;

b. The C-18 canal right of way shall remain open to the public;

c. Water access facilities placed upon the C-18 right of way shall be open to the general public and shall contain a permanent sign so stating; the sign shall be visible and legible from the center of the adjacent water area;

d. Access areas shall be available to the District for inspection, maintenance and other activities associated with District functions;

e. Access areas shall be kept in good repair, free of litter and provide minimum interruption to the view from the C-18 canal right of way; access areas will be landscaped to maximize the use of plant materials to blend the access area into the river character; uses related to the access point, such as parking, picnic, fish cleaning and similar uses will be screened from view; the design of access areas shall include a swale or other suitable system extending the entire length of the lot, including the access ramp, intended to divert overland water flows from paved areas into vegetated areas; such systems and vegetated areas are to provide detention of runoff to encourage percolation of water through earth and vegetation; and

f. Electrical and water facilities may be included on subdivision access facilities; facilities shall be designed to meet applicable county and city safety and building requirements; lighting fixtures shall be shielded downward and/or designed so as to minimize light pollution and glare to the surrounding areas; water facilities shall be designed and maintained to function with no erosion or discharge of waste into the C-18 canal or Limestone Creek; said facilities shall not be for the purpose of providing service to live aboard boats or boat repair facilities.

(8) Fire Control Zone.

(a) Description: This zone is intended to provide a buffer safety area to help prevent the spread of wildfire from the C-18 canal right of way onto private property. This zone shall consist of a fifteen foot wide area containing low native ground covers or grasses and mature native trees.

(b) Shrubs and trees that invade this zone may be removed to maintain the low character and protection; provided however, that mature trees must not be removed without a permit from the District.

(9) Intertidal Wet Area Overlay Zone.

(a) Description: This zone includes lands that are inundated during periods of high tide, during parts or all of the year, and generally exposed during periods of low tide.

(b) Consistent uses include the following:

Maintenance and monitoring activities; and
Permitted utility uses, provided disturbed vegetation is replaced.

Plants in this zone, especially mangroves, are not to be removed or pruned unless there is a current permit approved by Palm Beach County; a District permit issued pursuant to this Part, and any other permits required by law; pruning must be performed in strict accordance with the terms of all applicable permits.

(10) Canal Flood Overlay Zone.

(a) Description: This zone consists of an overlay of the Canal Flood Zone including both sides of the canal from elevation ‒ 1.5, as measured from the edge of the water at low tide, to the top of the canal bank, as measured from the edge of the canal.

(b) Consistent uses include the following:

Fishing;
Environmental study and appreciation;
Temporary, not to exceed approximately four hours, stopping and anchoring of watercraft for permitted public recreational purposes;
Permitted maintenance activities; and
Swimming.

Recreational or other activities which damage or remove plant material or soil;
Camping; and
Mooring watercraft to mangroves.

(11) View Corridor Overlay Zone.

(a) Description: This zone is intended to provide for a view of the canal from adjacent residential buildings. The District’s intent is to allow vegetation on these areas with ground cover plant materials that remain low enough to allow view over the top, and trees that, when mature, allow view under the canopy.

(b) Consistent uses include the following:

Uses allowed in the underlying zones; and
Scenic viewing of the canal from residences.

Uses that substantially obstruct the intended view, unless the obstruction is caused by immature vegetation; and
Uses that are not consistent with underlying zones.

(d) Zone regulations for the View Corridor Overlay Zone:

Maintenance will be limited to minimal care of plant materials;
Ground covers will be left at their natural height with no mowing or clearing;
Pathways shall conform to regulations in the General Wildlife Zone;
Tree pruning shall require a current District permit issued pursuant to this Part, prior written notification, and District approval each time a Permittee proposes to prune. Said notification shall include photographs of the trees(s) to be pruned;
Permit applications shall include photographs of the tree to be pruned, prior to work being accomplished, pursuant to subsection (4), above.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–Formerly New 8-12-13, Formerly 40E-62.651.

Chapter 40E-7 MISCELLANEOUS PROVISIONS

Fla. Admin. Code R. 40E-7.111 General

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.046, 373.056, 373.083, 373.084, 373.086, 373.089, 373.099, 373.103, 373.139, 373.59, 73.74 FS. History–New 7-18-82, Amended 8-14-88, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.121 Definitions

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.019, 373.046, 373.056, 373.083, 373.084, 373.086, 373.089, 373.099, 373.103, 373.139, 373.59, 73.74 FS. History–New 7-18-82, Amended 8-14-88, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.131 Selection of Lands – Five Year Plan

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.139, 373.59 FS. History–New 7-18-82, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.141 Acquisition Procedures – Negotiations

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.083, 373.086, 373.099, 373.103, 373.139, 373.59 FS. History–New 7-18-82, Amended 8-14-88, 5-27-90, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.151 Acquisition Procedures – Condemnation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.59, 73.011-.161, 74.011-.121 FS. History–New 7-18-82, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.161 Surveys

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.139, 373.59 FS. History–New 7-18-82, Amended 5-27-90, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.171 Appraisals

History

Rulemaking Authority 287.055(3)(d), 373.044, 373.113 FS. Law Implemented 287.055, 373.083(1) FS. History–New 9-3-81, Formerly 16K-1.18, Amended 10-19-87, 2-18-90, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-7.181 Funding

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.083, 373.086, 373.099, 373.103, 373.139, 373.59 FS. History–New 7-18-82, Amended 8-14-88, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.191 Disposition of Surplus Land

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.083, 373.089, 373.099, 373.139, 373.59 FS. History–New 7-18-82, Amended 8-14-88, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.201 Policy and Purpose

History

Rulemaking Authority 287.055(3)(d), 373.044, 373.113 FS. Law Implemented 287.055, 373.083(1) FS. History–New 9-3-81, Formerly 16K-1.18, Amended 10-19-87, 2-18-90, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-7.203 Qualfying Procedures

History

Rulemaking Authority 287.055(3)(d), 373.044, 373.113 FS. Law Implemented 287.055, 373.083(1) FS. History–New 9-3-81, Formerly 16K-1.18(1), Amended 10-19-87, 2-18-90, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.205 Competitive Selection for Professional Services

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 9-3-81, Formerly 16K-1.18(2), Amended 10-19-87, 2-18-90, 1-17-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-7.206 Competitive Selection for Contractual Services

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.087, 373.083(1) FS. History–New 2-18-90, Amended 1-17-93, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.207 Competitive Negotiations

History

Rulemaking Authority 287.055(3)(d), 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 9-3-81, Formerly 16K-1.18(3), Amended 10-19-87, 4-24-88, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.208 Inconsistency with Section 287.055, F.S

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 10-19-87, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.2081 Competitive Negotiations for Professional Services

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 2-18-90, Amended 5-26-91, 1-17-93, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.209 Prohibition Against Contingency Fees

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 287.055(6) FS. History–New 10-19-87, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.2091 Competitive Negotiations for Contractual Services

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.057, 373.083(1) FS. History–New 2-18-90, Amended 1-17-93, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.210 Reservation of Rights

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53 FS. History–New 10-19-87, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.2101 Inconsistency with Section 287.055, F.S

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 2-18-90, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.211 Resolution of Contract Bidding Protest

History

Rulemaking Authority 120.53(5), 373.044, 373.113 FS. Law Implemented 120.53 FS. History–New 10-19-87, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.2111 Prohibitation Against Contingency Fees

History

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 287.055 FS. History–New 2-18-90, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.212 Inconsistency With Section 120.53(5), F.S

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5), 373.044, 373.113 FS. History–New 10-19-87, Repealed 2-18-90.

Fla. Admin. Code R. 40E-7.2121 Truth in Negotiation Certification

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055(5) FS. History–New 2-18-90, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.213 Design-Build Contracts

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055(10) FS. History–New 2-18-90, Amended 1-17-93, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.214 Policy

(1) This rule establishes policies and procedures for suspending a contractor from working with the District, either temporarily or permanently, whenever a contractor materially breaches its contract with the District.

(2) The District’s objective in enacting this rule is to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the District contract.

(3) The District Governing Board, upon recommendation by the Procurement Bureau Chief, shall be authorized to temporarily or permanently suspend a contractor from doing business with the District. Suspension must be based on adequate evidence indicating that the contractor has materially breached its contract with the District.

(4) Temporarily or permanently suspending a contractor from doing business with the District does not preclude the District from seeking any other legal or equitable remedies for breach of contract.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended 6-15-16.

Fla. Admin. Code R. 40E-7.215 Definitions

(1) “Contractor”: any individual or contracting entity with whom the District has entered into a legally binding agreement for performance of work at a mutually agreed upon price in accordance with agreed upon terms and conditions.

(2) “Contracting Entity”: an individual, partnership, corporation, joint venture, professional association, an obligor to a third party beneficiary contract, or any other legal entity doing business in the State of Florida which has entered into a contract with the District.

(3) “Cure Notice”: a letter citing the specific nature of the material breach, the corrective action required by the District and a thirty (30) day time frame for curing the breach, starting from receipt of the Cure Notice. The letter also shall state that if the contracting entity fails to cure the breach within the thirty (30) day period, the contracting entity will be found in default and may be placed on the District’s Temporary or Permanent Suspension List.

(4) “Excusable Non-performance”: a contracting entity’s failure to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the contract, due to some action or inaction by the District, making performance by the contracting entity impossible or beyond the contracting entity’s control.

(5) “Material Breach”: any substantial, unexcused non-performance. The breach is either failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the contract.

(6) “Statement of No Suspension”: a document that all contracting entities shall sign at the time of bid or proposal submission to the District, affirming that the contracting entities and proposed subcontractors or subconsultants are not presently on the District’s Temporary or Permanent Suspension List and that the District shall be notified of any changed circumstances prior to contract award. The “Statement of No Suspension” Form 1112, http://flrules.org/Gateway/reference.asp?No=Ref-19179, June 2026, is incorporated by reference herein. This form will be attached to all District solicitations.

(7) “Obligor”: an entity that has promised or is otherwise legally obligated to perform an act or deed for the benefit of a third party beneficiary. Obligors to the District include but are not limited to insurance companies and surety companies.

(8) “Principal(s)”: for purposes of this rule, a sole proprietor, partner, owner, officer or director of the contracting entity that breached a District contract.

(9) “Re-Procurement Costs”: the total amount of additional expense, over and above the contract price, which may include attorney’s fees, that the District will incur in order to obtain substitute goods or services from another contracting entity to complete a requirement that can no longer be performed by the contracting entity that materially breached a District contract.

(10) “Suspension Notice”: a letter from the District to the contracting entity stating that the District will temporarily or permanently bar a contracting entity from doing business with the District because the contracting entity has materially breached its contract with the District. The letter also shall inform the contracting entity that its principals shall not attempt to do business with the District under a different name or form a new legal entity in order to do business with the District while the principals of the contracting entity remain on the Suspension List.

(11) “Suspension List”: a list of contracting entities maintained by the District that are temporarily or permanently barred from doing business with the District.

(12) “Termination for Default Notice”: a letter from the District to the contracting entity stating that the contracting entity is in default for failing to cure the material breach within the thirty (30) day timeframe referenced in the Cure Notice. The letter also shall state that the District’s Governing Board shall determine whether the contracting entity should be placed on the District’s Temporary or Permanent Suspension List.

(13) “Third Party Beneficiary”: for purposes of this rule, whenever the District is the intended beneficiary of a contract but is not a party to the contract.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended 6-15-26.

Fla. Admin. Code R. 40E-7.216 Cure Notice

(1) The Procurement Bureau Chief shall establish whether a material breach as defined in subsection 40E-7.215(5), F.A.C., has occurred. If the Procurement Bureau Chief determines that a contracting entity materially breached its contract with the District, the Procurement Bureau Chief shall initiate termination for default and suspension procedures.

(2) The Procurement Bureau Chief shall notify the contracting entity of the material breach of its contract with the District by forwarding a Cure Notice sent by electronic mail, U.S. Mail, or overnight carrier.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended 6-15-16, 4-17-24.

Fla. Admin. Code R. 40E-7.217 Termination for Default Notice

In the event that the contracting entity fails to cure the material breach within the time specified in the Cure Notice, the District shall issue a Termination for Default Notice by electronic mail, U.S. Mail, or overnight carrier.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended 4-17-24.

Fla. Admin. Code R. 40E-7.218 Factors to Determine Whether a Contracting Entity Should be Placed on the Temporary or Permanent Suspension List

(1) Once the District has notified a contracting entity that it has materially breached its contract with the District by sending a Termination for Default Notice, the District’s Governing Board shall determine whether the contracting entity should be suspended, and if so, whether it should be temporarily suspended and for what period of time, or permanently suspended from doing business with the District.

(2) In making such a determination, the District’s Governing Board shall consider the following factors:

(a) The economic impact of the material breach to the District;

(b) Whether the breach caused or will cause delay in the completion of a District project;

(d) If the breach caused a delay in performance, whether the District will be impacted in attempting to meet legislative deadlines;

(e) Whether the breach involved willful or gross misconduct;

(f) Whether the breach involved the commission of fraud or a criminal offense in connection with the obtainment or performance of the District contract;

(g) Whether the breach was a violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors and bid rigging;

(h) Whether the breach involved the falsification or destruction of records;

(i) Whether the contracting entity was on the District’s suspension list at the time it breached its current contract with the District;

(j) Whether the contracting entity has materially breached a contract with the District in the past, and if so, how many times since the effective date of this rule;

(k) Whether the contracting entity was on another Federal or State suspension or debarment list at the time it breached its current contract with the District;

(l) Whether the breach involved discrimination on the basis of race, color, creed, national origin, sex, age or handicap;

(m) Whether the breach involved the commission of embezzlement, theft, forgery or bribery; falsification of statements or claims; receipt of stolen property; or obstruction of justice;

(n) Whether the breach involved the commission of any other offense indicating a lack of business integrity or business honesty;

(o) Whether the breach involved knowingly doing business with a suspended contracting entity;

(p) Whether the breach involved a violation of the District’s Small Business Enterprise (SBE) Contracting Program;

(q) Whether the contracting entity can pay re-procurement costs in a timely manner.

(3) All contracting entities placed on the Temporary Suspension List shall pay the District re-procurement costs prior to being removed from the Suspension List and shall be removed from the Temporary Suspension list upon expiration of the period of suspension.

(4) Contracting entities that are placed on the Permanent Suspension List will be permanently barred from doing business with the District.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03, Amended 6-15-16.

Fla. Admin. Code R. 40E-7.219 Administrative Hearings

Any contracting entity that believes it has been wrongly suspended either temporarily or permanently from doing business with the District may file a request for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., in the form of a petition in accordance with Chapter 28-106, F.A.C., within 21 days of receipt of the Temporary or Permanent Suspension Notice. If no request for a hearing is filed by the entity within the timeframes prescribed by Chapter 120, F.S., the suspension shall become final agency action.

History

Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History–New 4-1-03.

Fla. Admin. Code R. 40E-7.300 Procedures Concerning Bid Protests of Solicitations or Contract Awards

History

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-7.301 Reservation of Rights

The District reserves the right to reject all bids, proposals, or other offers to furnish professional or contractual services. The District shall indicate this reservation in all solicitations for contractual or professional services. The District also reserves the right to waive minor irregularities in any responses to solicitations. A minor irregularity is a variation from the solicitation which does not affect the price of the contract, or does not give a respondent an advantage or benefit not enjoyed by other respondents, or does not adversely impact the interests of the District. The District shall not waive irregularities that are not of a minor nature.

(1) A bidder may not modify or withdraw its bid after bid opening. The District may correct mistakes that are clearly evident on the face of bid documents, such as computation or typographical errors.

(2) A proposer or other respondent to a District solicitation may not modify or withdraw its response after the opening of such responses except to the extent agreed to by the District during subsequent contract negotiations.

(3) Any response to a District solicitation may be withdrawn by the respondent prior to being opened by the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53 FS. History–New 2-18-90.

Fla. Admin. Code R. 40E-7.302 Resolution of Solicitation or Contract Award Protest

History

Rulemaking Authority 120.53(5), 373.044, 373.113 FS. Law Implemented 120.53 FS. History–New 2-18-90, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.303 Protest Bonds

History

Rulemaking Authority 120.53(5), 373.044, 373.113 FS. Law Implemented 120.53(5) FS. History–New 2-18-90, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.401 District Transfer of Funds

History

Rulemaking Authority 373.044, 373.113, 373.553(1) FS. Law Implemented 373.553(1) FS. History–New 1-17-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-7.511 Policy and Purpose

The purpose of Rules 40E-7.511 through 40E-7.539, F.A.C., hereinafter “this Part,” is to further implement the legislative intent expressed in Sections 259.101, 373.016(3)(i), 373.1391, and 373.1395, F.S., and therefore, to establish regulations governing public access to certain District lands and use of said lands for nature based recreation and allied purposes. It is the intent of these regulations to protect the water resources, native plant communities, fish and wildlife populations, and related natural features of these lands together with any historic and cultural improvements thereon.

History

Rulemaking Authority 259.101, 373.044, 373.113, 373.171 FS. Law Implemented 259.101, 373.056, 373.103, 373.1391, 373.1395, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06, 5-3-14, 9-6-26.

Fla. Admin. Code R. 40E-7.520 Scope and Applicability

(1) The general regulations contained herein are broad in scope and applicable to all District lands.

(2) The regulations are applicable to all persons entering upon, using, or visiting said District lands.

(3) Consistent with the environmental sensitivity of these areas and the purposes for which the lands were acquired, and all rights, privileges, and protections afforded by the provisions of Section 373.1395, F.S., all District lands are hereby deemed open and available to the public for outdoor recreational purposes and access unless otherwise limited, restricted, or prohibited by special provision in this rule. Nothing in this rule prevents other federal, state, or local agencies, including but not limited to those with management contracts with the District, from requiring compliance with their own rules, permits, regulations, ordinances, or laws to the fullest extent of their lawful authority.

(4) Any signage prohibiting access to or use of District lands shall only apply to the property or area set forth in or delineated by such signage and a presumption shall exist that all other portions of the Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way, and vacant undesignated lands where public access or use is not specifically prohibited are open and available for outdoor recreational purposes unless otherwise limited, restricted or prohibited by the Governing Board. This provision shall not be construed to impede enforcement of trespass statutes.

(5) When the District authorizes another government entity to jointly manage public recreation on District lands, this Part is supplemental to the laws, statutes, ordinances, and rules of the other government entity. When in conflict with this Part, the laws, statutes, ordinances, and rules of the other government entity supersede this Part, unless otherwise inconsistent with Chapter 373, F.S.

(6) The following District lands are not governed under this Part:

(a) District office buildings, service centers, field stations, pump stations, and other facilities.

(b) District lands that are under a land management lease or agreement with city, county, state, federal agencies, or private entities, to assume total management responsibility, including without limitations Water Conservation Areas 1, 2 and 3.

(c) District lands that are commercially leased lands will not be governed by these rules unless the lease specifically permits public access.

(d) District lands on Tribal Reservations.

(7) Public Use Activities that are authorized by this Part are not authorized on District lands where the District has a less than fee interest and where the underlying fee owner has legally restricted or prohibited public access.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.1391, 373.1395, 373.1401, 373.59 FS. History–New 5-24-94, Amended 11-12-95, 1-7-97, 11-13-97, 1-1-99, 1-5-03, 7-12-06., 5-3-14.

Fla. Admin. Code R. 40E-7.521 Definitions

When used in this Part:

(1) “Activity area” means a zone within a management area designated for specific recreational activities.

(2) “Access point” means a designated location or boundary for public access to District lands.

(3) “Allied purposes” means other related outdoor activities including, but not limited to, frogging, photography, painting, environmental education, and nature study.

(4) “Camping” means to use a vehicle, tent or shelter, or to arrange bedding or both with the intent to stay overnight.

(5) “Designated road” means any road, path, lane, or trail officially designated by name or number for public vehicular travel.

(6) “District lands” means any real property owned, leased, managed, or controlled by the District and includes lands or water areas defined in this Part as Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way, and vacant undesignated lands.

(7) “Event Authorization” means a permission to access and use District lands in a manner not otherwise provided for or authorized in this Part.

(8) “Facility” or “Structure” means any object placed on District lands which is intended to be permanently attached to the land for which would be considered a fixture under Florida law.

(9) “Group campsite” means a designated campsite for campers whose total is eight (8) or more people.

(10) “Horse cart” means a non-motorized two- (2) wheeled vehicle pulled by a single saddle animal.

(11) “Hunting device” means any mechanical device used to take or attempt to take wildlife or feral hogs.

(12) “Idle Speed” means the minimum speed at which a motorized Vessel is able to move and maintain adequate steerage control.

(13) “Impoundment Area” means District lands designated by the Governing Board as an Impoundment Area.

(14) “Leased” means the granting of either an exclusive or non-exclusive use of or interest in District lands for a specified period of time.

(15) “Outdoor recreational purposes” means natural resource based outdoor recreational activities including, but not limited to, fishing, hunting, horseback riding, bicycling, swimming, camping, hiking, canoeing, boating, airboating, scuba diving, birding, sailing, jogging, picnicking, nature study, water skiing, geocaching, astronomy, and visiting historical, archaeological, scenic or scientific sites.

(16) “Management Area” means District lands, designated by the Governing Board as a Management Area.

(17) “Management Unit” means a portion of any District lands within a management area that requires a specific public use regulation due to legal, cultural or environmental factors uniquely affecting the specific unit of land, but which is not applicable to the entire management area.

(18) “Natural Resources” mean water, soils, flora, and fauna.

(19) “This Part” means Rules 40E-7.511 through 40E-7.539, F.A.C.

(20) “Personal watercraft” means a Vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motorized power and which is designed to be operated by a person sitting, standing, or kneeling on the Vessel, rather than in the conventional manner of sitting or standing inside the Vessel.

(21) “Primitive Camping” means no amenities are provided.

(22) “Recreation site” means an improved or unimproved site established to facilitate public use of a designated Management Area, Stormwater Treatment Area, Impoundment Area, Right of Way or vacant undesignated land.

(23) “Recreational trail” means saddle animal riding, hiking, canoeing, bicycling, or jogging trails for use by the public.

(24) “Right of Way” or “Rights of Way,” for purposes of this rule, means those lands acquired by the District in fee, easement, or other type of grant, for the purpose of construction, operation, and maintenance of Works of the District adopted pursuant to Section 373.086, F.S., including, but not limited to, canals, levees, water control structures, spoil areas, and access roads, excluding Stormwater Treatment Areas (STAs).

(25) “Saddle animal” means any animal used to transport a person or property.

(26) “Special Use License” means a type of license granted by the District to allow access to and use of certain District lands and facilities as set forth in this Part.

(27) “Stormwater Treatment Area” means District lands designated by the Governing Board as a Stormwater Treatment Area.

(28) “Vacant undesignated land” means any land owned by the District that is not designated as a Management Area, Stormwater Treatment Area, Impoundment Area, or Rights of Way and has legal and practical public access.

(29) “Vessel” is synonymous with a boat as referenced in section 1(b), Art. VII of the Florida State Constitution and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

History

Rulemaking Authority 373.019, 373.044, 373.113, 373.171 FS. Law Implemented 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.1391, 373.59 FS. History–New 5-24-94, Amended 11-13-97, 1-1-99, 1-5-03, 7-12-06, 8-28-12, 5-3-14.

Fla. Admin. Code R. 40E-7.523 Access to District Lands; Closures

(1) When designated access points are indicated, entry onto and exiting from Management Areas, Stormwater Treatment Areas, and Impoundment Areas by the general public is only authorized at those designated access points.

(2) Entry onto and exiting from Right of Way may be at any legal public access point.

(3) Under the following conditions, activities authorized under this rule will be prohibited or District lands will be closed:

(a) When necessary during emergency conditions such as floods, severe weather events, or wildfire for public safety and the protection of natural resources. Such closures shall require the approval of the Executive Director and concurrence of the Governing Board.

(b) When necessary based upon available information at the time, on a temporary, seasonal or permanent basis to protect natural, historic or archaeological resources.

(c) During certain days, hours or periods of time, when such closure is necessary to implement land management practices such as prescribed burning, vegetation spraying, construction, operations, maintenance, research studies, data collection, resource protection, or as a condition of a contract or permit.

(d) If District lands or facilities are identified as “critical infrastructure”, designated by the Regional Domestic Security Task Force pursuant to applicable law, then such lands or facilities are closed for public use without further action required by the Governing Board.

(4) Closures of District lands will be posted at authorized points of entry or at an established boundary within said areas.

(5) The use or occupancy of existing buildings, structures, and related improvements is prohibited unless designated as a public use facility.

(6) Entry into and exiting from Management Areas and Rights of Way from Vessels is allowed when these lands are open for public access.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-1-01, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.525 Use of Vehicles, Vessels, and Aircraft; Navigational Restrictions

(1) The operation of licensed and unlicensed vehicles, including swamp buggies, tracked vehicles, off-road or off-highway all-terrain vehicles, motorcycles, golf carts, or any other type of unlicensed motorized vehicle, on District lands is prohibited except:

(a) The use of licensed vehicles is authorized on designated roads open to the public;

(b) The use of vehicles is authorized where the District has affirmatively opened a roadway or parking area for a specified public use; or

(2) Any person who drives a vehicle on District lands shall drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb or property of any person.

(3) Motorized vehicle operators shall comply with posted speed limits on District lands and roads. If no speed limit is posted, the speed limit is 20 mph. Speed limits are not applicable to airboats, except when operated on roads on District lands.

(4) Parking a motor vehicle, or trailer, in an unauthorized location or in a manner blocking roads, levees, maintenance berms, gates, or water control structures is prohibited.

(5) Servicing or maintaining vehicles and equipment is prohibited except when in conjunction with authorized recreational activities and allied purposes.

(6) Any restrictions to navigation established pursuant to state or federal law, applicable to District lands, are specified in Rules 40E-7.5381, 40E-7.5382, 40E-7.5383 and 40E-7.5384, F.A.C., and identified by posted signage.

(7) No person shall enter or exit District lands from a Vessel or airboat when public access to such land is closed.

(8) No person shall launch an airboat or motorized Vessel except at designated boat launch facilities. Ramps constructed pursuant to Chapter 40E-6, F.A.C., are deemed to be designated boat launch facilities.

(9) No person shall operate an airboat or Vessel beyond posted signage.

(10) The takeoff or landing of either motorized or non-motorized aircraft, including airplanes, helicopters, ultra lights, gliders and hang gliders, is prohibited except in an emergency or for official business.

(11) The takeoff or landing of model aircraft is prohibited unless approved by an Event Authorization.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 316.192, 316.1925, 316.655, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.526 Equestrian Activities; Use of Saddle Animals

(1) Equestrian activities are allowed on Rights of Way on canal maintenance berms and levee tops. On all other District lands, equestrian activities are allowed where identified by posted signage on trails, areas, designated roads, or equestrian campgrounds. District lands where a Special Use License is required to conduct equestrian activities are identified by posted signage.

(2) Rule 5C-18.010, F.A.C. (2013), requires that all persons using saddle animals must have a report of a negative Coggins test for Equine Infectious Anemia. Persons using saddle animals on District lands must have proof of a negative Coggins test in their possession at all times.

(3) Equestrian activities are prohibited in wetland areas.

(4) The use of a horse cart as defined by subsection 40E-7.521(10), F.A.C., is authorized on Rights of Way on existing canal maintenance berms and levee tops and on other District lands as identified by posted signage on trails, areas, designated roads, or equestrian campgrounds.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 316.192, 316.1925, 316.655, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.527 Hunting

(1) The Florida Fish and Wildlife Conservation Commission and the United States Department of Interior, Fish and Wildlife Service have rules governing hunting. Hunting, trapping and the releasing of free-running hunting dogs are prohibited on District lands unless the land is opened as a public hunting area and these uses are authorized in the specific public hunting area regulations.

(2) Public hunting on District lands is regulated, administered and enforced by the Florida Fish and Wildlife Conservation Commission, in cooperation with the District. A public hunting area established on District lands will be posted.

(3) Public hunting areas are established on District lands with approval of the Governing Board, except that the Executive Director authorizes public hunting on District lands less than 100 acres in size and adjacent to other District lands with established hunting areas.

(4) Hunting is prohibited except during regulated hunting seasons established and managed by the Florida Fish and Wildlife Conservation Commission.

(5) Erecting or maintaining tree stands on District lands more than 10 days before or more than 10 days after any authorized hunting season is prohibited.

(6) Placing, exposing or distributing any grain or other food for wildlife is prohibited.

(7) Hunting from improved roads is prohibited.

(8) Hunting in areas posted as closed to hunting is prohibited.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.1401, 373.59 FS. History–New 5-24-94, Amended 1-1-01, 1-5-03, 7-12-06, 8-28-12, 5-3-14.

Fla. Admin. Code R. 40E-7.528 Bicycling

Bicycling is allowed on Rights of Way on existing canal maintenance berms and levee tops. On all other District lands, bicycling is allowed except as restricted by posted signage.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.1401, 373.59 FS. History–New 7-12-06, Amended 5-3-14, Technical Change 8-4-26.

Fla. Admin. Code R. 40E-7.529 Overnight Camping

(1) Management Areas:

(a) Camping and the use of camping amenities are authorized only within designated campsites as identified by posted signage.

(b) Overnight camping or the presence of camping equipment is limited to eight (8) consecutive days, or 30 total days per year on District lands where camping is authorized, unless authorized by Special Use License.

In camping areas idenified by posted signage; and
For group campsites in Management Areas.

(d) Camping is prohibited without a Special Use License where a Special Use License is required as posted by signage.

(2) Overnight camping within Stormwater Treatment Areas, Impoundment Areas, and Rights of Way is prohibited, except that overnight Primitive Camping, or the presence of camping equipment on the Florida National Scenic Trail is authorized for one night only per site and when in possession of a Special Use License.

(3) Camping within vacant undesignated lands is prohibited unless authorized by an Event Authorization.

(4) No person shall install, erect, or maintain any unauthorized camp, building, structure, shelter, residence or sign.

(5) Between the hours of 11:00 p.m. and 7:00 a.m., loud music, barking dogs, or any other activities causing excessive noise are prohibited in camping areas. Generator use in camping areas is allowed except as restricted by posted signage.

(6) Pets must be leashed and under control within camping areas.

(7) Within camping areas, pet waste must be disposed of in waste bins, if provided. Horse manure must be disposed in designated manure disposal areas if provided.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 5-24-94, Amended 11-13-97, 1-1-99, 1-5-03, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.530 Trapping

Trapping is prohibited on all District lands except as authorized by the District for land management purposes.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-12-06, Amended 5-3-14.

Fla. Admin. Code R. 40E-7.532 Operating Hours

District lands will be open to public use twenty-four (24) hours a day, seven (7) days a week, or during the hours and days designated for specific areas identified by posted signage, consistent with Rules 40E-7.5382, 40E-7.5383 and 40E-7.5384, F.A.C., except during authorized closures as set forth in subsection 40E-7.523(3), F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.1391, 373.59 FS. History–New 5-24-94, Amended 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.534 Special Use Licenses

(1) In order to maximize opportunities for public recreation on District lands and provide public access where it might otherwise be prohibited, the District issues Special Use Licenses. A Special Use License is required to engage in the following activities on District lands:

(a) To obtain vehicular access to District lands through locked gates as identified by posted signage;

(b) To reserve campsites in certain areas with limited capacity as identified by posted signage;

(d) For persons with a mobility impairment requesting to use a vehicle in areas prohibited under Rule 40E-7.525, F.A.C., or requesting other mobility-impaired accommodations.

(2) The District will issue Special Use Licenses on a first-come, first-served basis when the area and facilities can accommodate the requested use and such use is consistent with the protection of natural resources.

(3) A Special Use License holder and all participants must comply with all conditions as reflected in the Special Use License, (Form #0830).

(4) Special Use License holders must retain the license in their possession at all times when using the area for which the license applies. If the Licensee is a group, the license must be in the possession of the group leader.

(5) If the Licensee is using a vehicle, the license reference number must be displayed on the driver’s side of the dashboard of the Licensee’s and any participant’s vehicle.

(6) Persons requesting a Special Use License, when required by the District, may apply in person, call, or write to request a copy of “Special Use Application and License” Form No. #0830 effective (5-3-14) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03637), which is hereby incorporated by reference and may be obtained from the District at the following:

(a) Land Resources Bureau

South Florida Water Management District

Post Office Box 24680 (mailing)

Building B-1 3301 Gun Club Road (in person)

West Palm Beach, FL 33416-4680

Telephone: (561)686-8800 or Florida WATS 1(800)432-2045; or

(b) The District’s website: www.sfwmd.gov/recreation.

(7) The District shall revoke a Special Use License if the licensee violates any provisions of this Part or the Special Use License.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-1-01, 1-5-03, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.535 Event Authorization

(1) In order to provide opportunities for group activities on District lands in a manner not otherwise provided or authorized in this Part, the District issues Event Authorizations.

(2) To receive an Event Authorization, a person or entity must provide reasonable assurance that:

(a) The requested use will not involve the permanent alteration of any District lands or the permanent placement of any structure on District lands;

(b) The requested use is resource-based;

(d) The requested use will not harm the natural resources of the District lands;

(e) The requested use will not cause unreasonable expense to the District;

(f) The requested use will not create a substantial risk of liability that is not mitigated pursuant to paragraph (4)(b);

(g) The requested use will not harm any dam, impoundment, works, water control structure, road, or District-owned facilities or equipment;

(h) The requested use will not interfere with District water management, leased, or authorized uses of the land; and,

(i) The requested use will not interfere with any other use allowed by this Part.

(3) Event Authorizations issued pursuant to this Part will include such reasonable conditions as are necessary to assure that the use or activity authorized will meet the criteria set forth in this Part.

(4) A person or entity may request an Event Authorization according to the following procedure:

(a) Submit a written request to:

South Florida Water Management District

Land Resources Bureau

P.O. Box 24680

West Palm Beach, Florida 33416-4680

(b) If the requested use will create a substantial risk of liability to the District, the person or entity must mitigate the substantial risk of liability by:

Providing proof of liability and property damage insurance naming the District as an insured in an amount sufficient and determined by the District to cover the cost of the potential liability; and
Providing waivers or releases of liability sufficient to eliminate the potential liability.

(5) A person or entity receiving an Event Authorization from the District must have the Event Authorization in their possession at all times while on District lands.

(6) The District shall revoke an Event Authorization if the holder violates its terms or engages in an activity not authorized by the Event Authorization.

(7) An Event Authorization holder and all participants must comply with all conditions of the Event Authorization.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-12-06, Amended 5-3-14.

Fla. Admin. Code R. 40E-7.537 General Prohibitions

The following are prohibited on all District lands unless otherwise specified:

(1) Discharging firecrackers, rockets, or any other fireworks.

(2) Destroying, defacing, or removing any natural resource or native plant, including the felling of dead trees.

(3) Destroying, injuring, defacing, vandalizing, removing, or disturbing in any manner any public building, tower, recorder, gage, walkway, platform, well, sign, gate, fence, equipment, monument, marker, or other structure or improvement.

(4) Destroying or damaging scientific study plots, photo points, transect lines, benchmarks or survey monuments, or survey markers.

(5) Trespassing on, operating, vandalizing, or interfering with the operation of any water control structures.

(6) Discharging or disposing of oil, gasoline, paint, thinner, pesticides, fertilizer, explosives or other pollutants, chemicals and wastes.

(7) Cleaning or disposing of fish, game, animals, or food at: potable watering stations, rest rooms, boat ramps, camping areas, levees, or trailheads; or washing clothing or articles, or washing, cleaning or servicing of vehicles; except where facilities for such activities have been provided by the District or other management entity.

(8) Using refuse containers or other refuse facilities to dispose of household or commercial garbage.

(9) Building or maintaining a fire in a place other than a grill, fireplace, or fire ring provided by the District or other authorized management agency for such purpose. This prohibition does not apply to portable campstoves or grills provided by the user.

(10) Commercial activity by a person or entity without a written agreement with the District.

(11) Conducting an activity on District lands that is prohibited, restricted, or regulated by posted signage.

(12) Installing or maintaining unauthorized signs.

(13) Pets that are not under physical restraint.

(14) The abandonment of personal property.

(15) Using a horse trough for anything other than watering horses.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-5-03, 7-12-06, 5-3-14.

Fla. Admin. Code R. 40E-7.538 Special Provisions for Management Areas of the District Open to the Public

(1) Gardner-Cobb Marsh Management Unit in Osceola County:

Persons may only enter and exit the Management Unit from Lake Cypress, Lake Hatchineha, Lake Kissimmee, and Canal 36.

(2) DuPuis Management Area located in Martin and Palm Beach Counties: Camping at the family campsite is limited to:

(a) Only tent camping or tent popup camping; and,

(b) A maximum of 8 people and 2 vehicles per campsite.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 1-1-01, Amended 1-5-03, 7-12-06, 8-28-12, 5-3-14.

Fla. Admin. Code R. 40E-7.5381 Special Provisions for Right of Way of the District

Unless authorized under Chapter 40E-6, F.A.C., the following, in addition to the other prohibitions and restrictions in this Part, are prohibited on all District Rights of Way:

(1) Hunting.

(2) Anchoring or tying a Vessel, including personal watercraft, to a road, levee, maintenance berm, structure, fence, tree, post, sign, gauge, data recorder, weed barrier, or boat barrier.

(3) Vessels being occupied or used as a temporary or permanent residence or business.

(4) Operating or mooring a Vessel, including personal watercraft in such a manner as to impede the District’s ability to construct, operate and maintain its structures.

(5) Pets that are not under physical restraint or under the effective control of the owner.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-12-06, Amended 8-28-12, 5-3-14.

Fla. Admin. Code R. 40E-7.5382 Special Provisions for Vacant Undesignated District Lands Open to the Public

(1) In addition to the other prohibitions and restrictions in this Part, the following are prohibited on Vacant undesignated lands:

(a) Motorized Vessels.

(b) Public access between 1/2 hour after sunset to 1/2 hour before sunrise.

(2) Pets must be under physical restraint at all times.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-12-06, Amended 8-28-12, 5-3-14.

Fla. Admin. Code R. 40E-7.5383 Special Provisions for Stormwater Treatment Areas (STAs) of the District Open to the Public

Persons may only enter and exit Stormwater Treatment Areas at designated public access points during the hours and days, and in areas as identified by posted signage.

(1) In addition to the other prohibitions and restrictions in this Part, the following are prohibited in all Stormwater Treatment Areas:

(a) Fishing or frogging in areas closed to fishing or frogging within the STAs as restricted by posted by signage.

(b) Motorized and non-motorized Vessels and boat trailers in interior waters, with the exception of those areas identified by posted signage.

(2) Vessels and Vessel operation are authorized only on STA exterior canals under the following limitations:

(a) Vessel and Vessel operation limitations are posted by signage.

(b) Vessel and Vessel operation limitations are made specific to each Stormwater Treatment Area exterior canal for: resource protection; protection of District structures, equipment, and levees; and operation and maintenance of the STA.

(d) Vessel operation is limited by area, water depth, by distance from District structures, equipment, or levees, and by speed.

(3) The following Vessel and Vessel operations are prohibited in Stormwater Treatment Area exterior canals:

(a) Personal watercraft.

(b) Airboats.

(d) Vessel operation which causes damage to plants, injures animals or fish, or other natural resources.

(e) Vessel operation within an area delineated by Vessel barriers.

(f) Anchoring or tying a Vessel or watercraft to a road, levee, maintenance berm, structure, fence, tree, post, sign, gauge, data recorder, weed barrier, or Vessel barrier.

(4) Pets must be under physical restraint at all times and are only allowed in areas identified by posted signage.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.4592(4)(a), 373.59 FS. History–New 7-12-06, Amended 5-3-14.

Fla. Admin. Code R. 40E-7.5384 Special Provisions for Impoundment Areas of the District Open to the Public

Persons may only enter and exit Impoundment Areas at designated public access points during the hours and days, and in areas as identified by posted signage.

(1) The following are prohibited in all Impoundment Areas:

(a) Fishing or frogging in areas closed to fishing or frogging within the Impoundment Areas identified by posted signage.

(b) Swimming, surfing, snorkeling, scuba diving or use of other underwater breathing apparatus.

(2) Vessels and Vessel operation is authorized on Impoundment Areas under the following limitations:

(a) Vessel and Vessel operation limitations are posted by signage.

(b) Vessel and Vessel operation limitations are made specific to each Impoundment Area for: resource protection; protection of District structures, equipment, and levees; and operation and maintenance of the Impoundment Area.

(d) Airboat operation is limited to designated areas.

(e) Vessel operation is limited by area, water depth, by distance from District structures, equipment, or levees, and by speed.

(3) The following Vessels and Vessel operations are prohibited in Impoundments:

(a) Personal watercraft.

(b) Vessel operation greater than Idle Speed within 300 feet of any District, structure or equipment.

(d) Vessel operation within an area delineated by Vessel barriers.

(e) Anchoring or tying a Vessel or watercraft to a road, levee, maintenance berm, structure, fence, tree, post, sign, gauge, data recorder, weed barrier or Vessel barrier.

(4) Pets must be under physical restraint at all times and are only allowed in areas identified by posted signage.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-12-06, Amended 5-3-14.

Fla. Admin. Code R. 40E-7.539 Penalties

(1) Any person who violates any provision of this rule is subject to eviction from the premises and/or arrest and prosecution for a second-degree misdemeanor, punishable as provided in Section 775.082 or 775.083, F.S.

(2) The penalties identified in these rules do not supersede other remedies available to the District at law and/or in equity.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.129, 373.1391, 373.59, 373.609, 373.613 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06, 9-6-26.

Fla. Admin. Code R. 40E-7.611 Policy

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.621 Definitions

History

Rulemaking Authority 373.113 FS. Law Implemented 287.0943(1), (2), 288.703, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.623 Policy Review and Goal Setting Committee

History

Rulemaking Authority 373.607 FS. Law Implemented 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.628 Bill Incentive Program

History

Rulemaking Authority 373.607 FS. Law Implemented 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.631 Proposal Evaluations and MBE Criteria

History

Rulemaking Authority 373.113 FS. Law Implemented 287.094, 387.134, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.633 Sheltered Market Program

History

Rulemaking Authority 373.607 FS. Law Implemented 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.635 Annual, Long-Term, and Project-Specific Goals

History

Rulemaking Authority 287.055, 373.607 FS. Law Implemented 287.055, 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.637 District Implementation

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 7-21-03.

Fla. Admin. Code R. 40E-7.639 Emergency Waiver of Participation Goals

History

Rulemaking Authority 373.119, 373.607 FS. Law Implemented 373.119, 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.645 Compliance

History

Rulemaking Authority 373.113 FS. Law Implemented 287.134, 287.094, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.647 Good Faith Efforts

History

Rulemaking Authority 373.607 FS. Law Implemented 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.651 Reciprocal Application

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.653 Certification Eligibility

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 6-16-98, 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.654 Grandfather Clause

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.655 Certification Review Procedures

History

Rulemaking Authority 373.113 FS. Law Implemented 120.53, 120.54(1), 120.60(2), 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.659 Graduation from M/WBE Program

History

Rulemaking Authority 373.607 FS. Law Implemented 373.607 FS. History–New 9-25-96, Repealed 12-23-01.

Fla. Admin. Code R. 40E-7.661 Recertification Review Procedures

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.664 Suspension, Debarment, Revocation or Decertification

History

Rulemaking Authority 120.569, 373.113 FS. Law Implemented 120.569, 120.57, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-03.

Fla. Admin. Code R. 40E-7.6645 Penalties for Fraudulent MBE Representation

History

Rulemaking Authority 373.113 FS. Law Implemented 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.665 Application for Additional Areas of Certification

History

Rulemaking Authority 120.53, 373.113 FS. Law Implemented 120.53, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Fla. Admin. Code R. 40E-7.668 Purpose and Implementation

(1) Rules 40E-7.668 through 40E-7.678, F.A.C., together with the materials incorporated by reference, implement the South Florida Water Management District’s (“District”) Small Business Enterprise (“SBE”) Program (“Program”) pursuant to section 373.1135, F.S.

(2) The Program establishes policies and procedures designed to help small business participate in the District’s procurement and contract activities.

(3) Applicants must be registered with the District as a vendor prior to submitting an application for Certification, as defined in Rule 40E-7.669, F.A.C.

(4) Applicants shall submit applications for Certification/Recertification using Form No. 1231, “Small Business Enterprise Certification/Recertification Application” (“Application”), http://flrules.org/Gateway/reference.asp?No=Ref-18104, (June 26, 2025), which is incorporated by reference herein and is available at no cost by contacting the District’s Small Business Enterprise (“SBE”) Clerk’s Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6446, or (561)682-6446, or via email sbep@sfwmd.gov. The Application must be signed by the individual with the authority to bind the Applicant.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.669 Definitions

(1) “Affiliate Business” is defined as an entity or entities that the Applicant controls or has the power to control, whether or not control is exercised; or an entity or entities that controls, or has the power to control the Applicant, whether or not control is exercised. “Control” means the power to direct or cause the direction of management or policies. In determining whether an affiliation exists, it is necessary to consider whether one entity impacts another by examining several factors, including, but not limited to, sharing resources, common ownership (direct or indirect), management, officers, directors, trustees, employees, and contract employees; common use of facilities, equipment, licenses, and contractual obligations; family interest in the Business; or a business entity organized by a debarred entity, individual, or affiliate following the debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. Affiliated entities shall be considered together in terms of Gross Receipts in determining whether a Business meets the Program’s eligibility criteria.

(2) “Applicant” is defined as the Business that is seeking District Certification or Recertification.

(3) “Business” is defined as any entity which complies with all statutes and regulations; specifically, any corporation, limited liability company, partnership, general partnership, limited partnership, sole proprietpr, or other for-profit entity, engaging in commerce, including, but not limited to, construction, commodities, or services.

(4) “Certification” or “Recertification” is the process by which the District determines that a Business meets the Program’s criteria of a District SBE.

(5) “Commodity Code” is a numeric system or identifier designed to list commodities, tangible personal property (purchase or lease), or services by class and sub-class.

(6) “Decertification” is the process by which the District shall determine that a District SBE no longer complies with the Program’s Certification criteria.

(7) “District SBE” is defined as a Business certified by the District in either construction, commodities, services or a combination thereof whose three-year average Gross Receipts, including Affiliate Businesses, shall not exceed $21 million if the Business provides construction, $8 million if the Business provides commodities, and $10 million if the Business provides services. A District SBE shall be registered and in good standing with the Florida Department of State Division of Corporations and holds the appropriate license(s) or certification(s) required by law to do business and perform work in the state of Florida.

(8) “Government Agency” is defined as any state, county, regional, or local government in Florida, including water management districts.

(9) “Gross Receipts” is defined as the total sales for the Applicant and its Affiliate Businesses from all sources during its annual accounting period before deductions for costs, expenses, returned items, allowances, and discounts as reflected in federal income tax returns or financial statements as set forth in paragraph 40E-7.673(2)(a), F.A.C.

(10) “Industry” is defined as construction, commodities, and services.

(11) “Non-Responsive” with respect to bidders, bids, or proposals is defined as a Business’s bid or proposal that does not conform in material respects to the invitation to bid or request for proposal including all SBE goals set forth.

(12) “Non-SBE Prime” is defined as a Business not currently certified bas a District SBE which submits a bid or proposal for the purpose of being awarded a legally binding agreement as a Prime Contractor for the performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions with the District.

(13) “Prime Contractor” is defined as any individual or contracting entity with whom the District has entered into a legally binding agreement for performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions.

(14) “Program Graduate” is defined as a District SBE that has exceeded the Program’s Gross Receipts eligibility requirement. Does not include District SBEs decertified for cause.

(15) “Reciprocal Certification” is defined as District Certification of an Applicant who is actively certified by another Florida Government Agency, provided that the agency has a small business program.

(16) “SBE Prime” is defined as a business certified by the District SBE that submits a bid or proposal for the purpose of being awarded a legally binding agreement as a Prime Contractor for the performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions with the District.

(17) “SBE Subcontractor” is defined as a District SBE having a direct contract with a Prime Contractor for performance of a portion of the work.

(18) “SBE Utilization Plan” details the type and percentage of work that will be performed for the specified project. The SBE Utilization Plan consists of Form No. 0956, “Small Business Enterprise Subcontractor Participation Schedule” (June 26, 2025) (http://flrules.org/Gateway/reference.asp?No=Ref-18101), which identifies all Businesses which will be utilized as subcontractors, and Form No. 0957, “Statement of Intent to Perform as a Small Business Enterprise Subcontractor” (June 26, 2025) (http://flrules.org/Gateway/reference.asp?No=Ref-18102), which is completed by all SBE Subcontractors detailed on Form No. 0956, and reflects the intent of the parties’ to establish a formal agreement conditioned upon the Non-SBE Prime’s execution of a contract with the District for said project. The SBE Utilization Plan is incorporated by reference herein and is available at no cost by contacting the District’s SBE Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6446, or (561)682-6446, or via email sbep@sfwmd.gov.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20, 6-26-25, Technical Change 6-17-26.

Fla. Admin. Code R. 40E-7.670 Competitive Solicitation Preferences

The SBE Contracting Rule provides for two competitive solicitation preferences designed to assist District SBEs. Sheltered Market and Subcontracting Requirements are outlined below.

(1) Sheltered Market. The District may provide for sheltered markets to allow only District SBEs to bid on designated solicitations. In order to designate a sheltered market, the District must identify at least three District SBEs available to perform work within the industry identified in the solicitation.

(2) Subcontracting Requirements. The District shall set SBE goals for all solicitations, unless otherwise provided in paragraph (2)(e). SBE goals are based on the availability of District SBEs in relation to all vendors registered with the District able to perform work within specific Commodity Codes.

(a) Bids – For solicitations where a contract is awarded based on price as the primary selection criteria, and where the scope is clearly defined, SBE goals shall be applied as a percentage of the total contract value to be assigned to District SBEs as provided in this subsection. The maximum SBE goal that will be applied to any solicitation will be 25%. When an SBE goal is set, bidders shall provide work to one or more District SBEs in order to meet SBE the goal. At the time of submittal of its bid, the bidder shall submit an SBE Utilization Plan. The SBE Utilization Plan is incorporated by reference in subsection 40E-7.669(18), F.A.C. If the prime bidder is an SBE Prime, an SBE Utilization Plan is not required to be submitted with its bid. Failure to submit any of the information as required on the SBE Utilization Plan or to meet the established SBE goal shall lead to the bidder being deemed Non-Responsive.

(b) Standard Proposals – For solicitations where a contract is awarded based on evaluation criteria, and where the scope of work is clearly defined, the District shall determine SBE goals for each solicitation based on availability of District SBEs as provided in this subsection. The maximum SBE goal that will be applied to any solicitation will be 25%. At the time the proposal is submitted, the proposer shall submit an SBE Utilization Plan. The SBE Utilization Plan is incorporated by reference in subsection 40E-7.669(18), F.A.C. If the prime proposer is an SBE Prime, an SBE Utilization Plan is not required to be submitted with its proposal. Failure to submit any of the information as required on the SBE Utilization Plan or to meet the established SBE goal shall lead to the proposer being deemed Non-Responsive.

(c) Work Order Proposals – For solicitations where a contract is awarded based on evaluation criteria, and where the scope of work is not clearly defined resulting in work order contracts, such solicitations shall require proposers to commit to SBE goals assigned to individual work orders issued throughout the term of the contract. At the time the proposal is submitted, the proposer shall submit an SBE Utilization Plan. The SBE Utilization Plan is incorporated by reference in subsection 40E-7.669(18), F.A.C. If the prime proposer is an SBE Prime, an SBE Utilization Plan is not required to be submitted with its proposal. Failure to submit any of the information as required on the SBE Utilization Plan shall lead to the proposer being deemed Non-Responsive.

(d) Work Orders Issued – The SBE goal for individual work orders will be based on availability of District SBEs as provided in this subsection (2). The maximum SBE goal that will be applied to any work order will be 25% unless the Prime Contractor has failed to meet prior SBE goals, in which case the maximum SBE goal may exceed 25%. When a work order with an SBE goal is assigned, the Prime Contractor shall submit a cost proposal, and an SBE Utilization Plan. The SBE Utilization Plan is incorporated by reference in subsection 40E-7.669(18), F.A.C. If the Prime Contractor is a District SBE, an SBE Utilization Plan is not required to be submitted with its cost proposal. A work order will not be executed with a Prime Contractor whose cost proposal does not meet the established SBE goal for that work order. Failure to meet the SBE goal set by the District for an executed work order will result in a breach of contract by the Prime Contractor.

(e) The Procurement Bureau Chief or designee has the ability to grant a partial or complete waiver of any SBE goal whenever it is determined that such modification or waiver would be in the best interest of the District.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.671 District Implementation

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, Repealed 6-26-25.

Fla. Admin. Code R. 40E-7.672 Compliance

The District shall monitor and evaluate Program performance and compliance as follows:

(1) Each District contract shall contain a provision requiring the Prime Contractor, during the term of the contract, to comply with, as to tasks and proportionate dollar amounts throughout the term of the contract, all commitments made in their bids or proposals for use of District SBEs.

(2) Each District contract shall contain a provision requiring the Prime Contractor and any of its Subcontractor’s maintenance of records, and information necessary to document compliance with the rules herein and shall include the right of the District to inspect such records.

(3) Each District contract shall contain a provision prohibiting any agreements between a Prime Contractor and an SBE in which the SBE promises not to provide subcontracting quotations to other respondents or potential respondents.

(4) Prime Contractors must notify the District when the need to add or replace an SBE Subcontractor arises and shall provide a completed Form No. 1373, “Small Business Enterprise Subcontractor Revised Participation Schedule” (June 26, 2025) (https://flrules.org/Gateway/reference.asp?No=Ref-18103), which contains an explanation of the addition or replacement of the SBE Subcontractor. Form No. 1373 is incorporated by reference herein and a copy can be obtained at no cost by contacting the District’s SBE Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6446, or (561)682-6446, or via email sbep@sfwmd.gov. In addition, a completed Form No. 0957, “Statement of Intent to Perform as a Small Business Enterprise Subcontractor,” incorporated by reference in subsection 40E-7.669(18), F.A.C., must be submitted if applicable.

(5) Failure of the Prime Contractor to meet its SBE requirements in a District contract will be a factor considered by the District when making its responsibility determinations for future contract awards and when considering whether to place a Prime Contractor on the Temporary or Permanent Suspension List under Rule 40E-7.218, F.A.C.

(6) Each District contract awarded with an SBE goal shall contain a provision incorporating the rules herein by reference and a statement that failure to comply with the requirements of the bid or proposal submitted by the Prime Contractor shall be considered a material breach of contract which may result in suspension or debarment of the Businesses or individuals involved pursuant to Chapter 40E-7, F.A.C.

(7) If a District SBE is in material breach of its contract with the District, as defined in subsection 40E-7.215(5), F.A.C., the District SBE shall be decertified.

(8) If an SBE Subcontractor causes a Prime Contractor to be in material breach of its contract with the District, as defined in subsection 40E-7.215(5), F.A.C., including, but not limited to, performance delay, the SBE Subcontractor shall be decertified.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, 12-9-20, 6-26-25, Technical Change 6-17-26.

Fla. Admin. Code R. 40E-7.673 Certification/Recertification Eligibility – Small Business Enterprise

District staff shall have the authority to accept, review, approve, certify, decertify and deny applications for Certification/Recertification, as defined in Rule 40E-7.669, F.A.C.

(1) Applicants shall submit the Application utilizing Form No. 1231, which is incorporated by reference in Rule 40E-7.668, F.A.C.

(2) To establish Program eligibility, the Applicant shall:

(a) Provide documentation to demonstrate that the three-year average Gross Receipts of the Applicant, together with its Affiliate Businesses, does not exceed $21 million if the business provides Construction, $8 million if the business provides Commodities, and $10 million if the business provides Services. In determining the Gross Receipts of the Business and its Affiliate Businesses, the District shall consider the three federal income tax returns filed by the Applicant and its Affiliate Businesses for the three years immediately preceding Application submittal. If three federal income tax returns have not been filed for the three years immediately preceding Application submittal, then the Applicant must submit financial statements (balance sheet and income statement) for any of the three years immediately preceding Application submittal in which the Applicant or its Affiliate Businesses did not file a federal income tax return(s). Applicants or its Affiliate Businesses in business less than one year shall submit financial statements for the months in which it was in business. Financial statements must be prepared by a Certified Public Accountant as defined by Section 473.302, F.S., not employed by the Applicant or its Affiliate Businesses, but retained for the purpose of preparing financial statements for the Applicant or its Affiliate Businesses. Financial statements must be submitted on letterhead from the Applicant’s or its Affiliate Businesses’ Certified Public Accountant.

(b) The Applicant must hold and provide the appropriate licenses(s) or certification(s) required by law to do business and perform work in the State of Florida. Licenses and certifications must be valid at the time of submittal and remain active throughout the Certifications period.

(c) Applicants must have the authority to conduct business in the State of Florida in accordance with the Florida Department of State Division of Corporations, including the use of Fictitious Names, if applicable. Applicants must remain in good standing throughout the Certification period.

(d) An Applicant shall have only one Business, including its Affiliate Businesses, certified with the District.

(3) An Applicant that has been debarred or suspended, or organized by an entity, individual, or Affiliate Business that has been debarred or suspended, is ineligible to be a District SBE.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 12-9-20, 6-26-25, Technical Change 8-4-26.

Fla. Admin. Code R. 40E-7.674 Certification/Recertification Review Procedures

(1) Upon receipt by the District, all Applications shall be given an initial screening to ensure appropriate signature and completeness. If an Application for Recertification is timely submitted, the District SBE shall remain certified until the District has made a determination concerning eligibility.

(2) Within 60 days following receipt of the Application, the District will request that the Applicant furnish omitted items or additional information, if any. All requested information must be received by the District within 60 days from the date of the request or the Application will be deemed incomplete. Applicants may re-apply by submitting a new Application meeting Certification requirements detailed in Rule 40E-7.673 F.A.C.

(3) Applicants deemed eligible for Certification/Recertification shall receive a letter via email certifying them as a District SBE. The Applicant shall remain certified for a period of three years, unless decertified. If the Applicant does not adhere to the Program they will be subject to Decertification. The District retains the right to re-evaluate the Certification of any District SBE at any time.

(4) Applicants deemed ineligible for Certification/Recertification shall receive a letter via email citing which specific criteria of Rule 40E-7.673, F.A.C., that they failed to meet and advising that they shall not be eligible to submit a new Application until 180 days after the date of the letter or the District’s final agency order denying Certification/Recertification.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.675 Recertification Review Procedures

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, 12-9-20, Repealed 6-26-25.

Fla. Admin. Code R. 40E-7.676 Decertification

(1) Decertification of a District SBE shall occur when:

(a) The District determines that the District SBE no longer complies with the Program’s Certification criteria, including, but not limited to, Program graduation. Program Graduates may complete their work under all current District projects under their previous Certification status provided that the bid or proposal submission date of those projects occurred prior to the date of Program graduation; or,

(b) The District learns that the District SBE submitted false information to obtain Certification/Recertification; or,

(c) The District SBE Prime is in material breach of its contract with the District as defined in subsection 40E-7.215(5), F.A.C.; or,

(d) The SBE Subcontractor causes a Prime Contractor to be in material breach its contract with the District as defined in subsection 40E-7.215(5), F.A.C., including, but not limited to, performance delay.

(2) District staff shall inform the District SBE in writing via email of the facts or conduct which formed the basis for Decertification. The Decertification letter issued by the District shall contain:

(a) The statutory provision(s) or rule(s) of the Florida Administrative Code (F.A.C.) which the District alleges that the District SBE violated; and

(b) The specific facts or conduct relied upon to justify the Decertification; and,

(c) A statement that the Business has the right to file a request for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., within 21 days after receipt of the Decertification letter; and,

(d) A statement that the Decertification shall become conclusive and final agency action if no request for a hearing is filed with the District Clerk’s Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800) 432-2045, ext. 6805, or (561) 682-6805 within 21 days after receipt of the Decertification letter.

(3) If the District SBE fails to file a request for a hearing within 21 days after receipt of the Decertification letter, the Decertification shall become final agency action.

(4) If the District SBE files a request for an administrative hearing, they shall remain certified unless and until a Final Order is issued by the District decertifying the District SBE after an administrative hearing.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.677 Reciprocity

Reciprocal Certification shall be granted to an Applicant that is certified by another Florida Government Agency, provided that the Government Agency has a small business program. The Applicant shall provide the District with official documentation from the other Governmental Agencies stating the Certification and expiration dates. Once certified, the Applicant shall remain certified with the District for a period of three years. The District reserves the right to request any additional documentation to verify or clarify the authentication of the information provided.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-13, 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.678 Administrative Hearings

If an Applicant believes it has been wrongly denied Certification/Recertification, or that it has been inappropriately decertified as a District SBE, it may file a request for hearing pursuant to Sections 120.569 and 120.57, F.S., by submitting a petition in accordance with Chapter 28-106, F.A.C., within 21 days after receipt of the denial or Decertification letter.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 12-9-20, 6-26-25.

Fla. Admin. Code R. 40E-7.3040 Inconsistency with Section 120.53(5), F.S

History

Rulemaking Authority 120.53(5) FS. Law Implemented 120.53(5), 373.044, 373.113 FS. History–New 2-18-90, Repealed 7-2-98.

Fla. Admin. Code R. 40E-7.667 Administrative Hearings

History

Rulemaking Authority 120.53, 373.113 FS. Law Implemented 120.53, 373.607 FS. History–New 9-25-96, Amended 12-23-01, Repealed 2-17-05.

Chapter 40E-8 MINIMUM FLOWS AND LEVELS

Fla. Admin. Code R. 40E-8.011 Purpose and General Provisions

(1) The purpose of this chapter is:

(a) To establish minimum flows for specific surface watercourses and minimum water levels for specific surface waters and specific aquifers within the South Florida Water Management District, pursuant to Section 373.042, F.S.; and

(b) To establish the rule framework for implementation of recovery and prevention strategies, developed pursuant to Section 373.0421, F.S.

(2) Minimum flows are established to identify where further withdrawals would cause significant harm to the water resources, or to the ecology of the area. Minimum levels are established to identify where further withdrawals would cause significant harm to the water resources of the area. Specific minimum flows and levels (MFLs) are established in this rule for specified priority water bodies that have been designated pursuant to Section 373.042(2), F.S.

(3) The MFLs established herein are based on existing best available information, and will be periodically reviewed, at least every five years, based on new information and changing water resource conditions. Revisions to established MFLs will be peer reviewed as required by Section 373.042, F.S., prior to rule adoption. The minimum flow criteria for the Caloosahatchee River in subsection 40E-8.221(2), F.A.C., shall be reviewed within one year of the effective date of this rule, September 10, 2001, and amended, as necessary, based on best available information.

(4) The recovery and prevention strategies set forth in Rule 40E-8.421, F.A.C., the consumptive use permitting procedures described in paragraph 40E-2.301(1)(i), Rule 40E-8.431, F.A.C., Section 3.9 of the “Applicant’s Handboook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., the water shortage plan implementation provisions specified in Rules 40E-8.441, 40E-21.531 and 40E-21.541, F.A.C., and Chapter 40E-22, Part III, F.A.C., are inseparable components of the MFLs established in Rules 40E-8.321 and 40E-8.331, F.A.C. The District would not have adopted the MFLs set forth in Rules 40E-8.321 and 40E-8.331, F.A.C., for Lake Okeechobee, the Everglades, the Biscayne Aquifer, the Lower West Coast Aquifers, and the Caloosahatchee River without simultaneously adopting their related implementation rules. If the rules cited above, as they pertain to a specified MFL water body, are found to be invalid, in whole or in part, such specified minimum flow(s) or level(s) in Rule 40E-8.321 or 40E-8.331, F.A.C., (including Lake Okeechobee, Everglades, Biscayne Aquifer, Lower West Coast Aquifers, Caloosahatchee River) (month, year) shall not be adopted, or if already in effect, shall not continue to be applied, until the District amends the applicable regional water supply plan(s), as necessary, and amends the subject rules, as necessary to address the reason for invalidity consistent with the requirements of Section 373.0421, F.S. This section shall be triggered after a rule is found to be invalid pursuant to a final order issued under Section 120.56, F.S., and after appellate review remedies have been exhausted.

(5) In concert with establishment of the MFL for the Northwest Fork of the Loxahatchee River in subsection 40E-8.221(5), F.A.C., the District commits to the following activities that are described in greater detail in the Recovery and Prevention Strategy section, subsection 40E-8.421(6), F.A.C.:

(a) Restore freshwater flows to the Northwest Fork of the Loxahatchee River beyond the MFL by developing programs and projects that will provide surface water flows as identified in a practical restoration goal and plan, to be developed with the Florida Department of Environmental Protection.

(b) Implement the restoration plan through structural and non-structural projects associated with the Comprehensive Everglades Restoration Plan and the regional water supply plan;

(d) Revise the MFL and the associated recovery and prevention strategy, as necessary, to be consistent with established restoration goals and future water reservations.

(e) Establish MFLs for other tributaries to the Northwest Fork of the Loxahatchee River including Loxahatchee Slough, Cypress Creek, Kitching Creek and Hobe Grove Ditch as committed to in the District’s Priority Water Body List, as updated.

History

Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 9-10-01, Amended 4-1-03, 1-19-06, 10-23-12, 7-14-14.

Fla. Admin. Code R. 40E-8.021 Definitions

The terms set forth herein shall have the meanings ascribed to them, unless the context clearly indicates otherwise, and such meanings shall apply throughout the rules contained in this chapter. The terms defined in Rule 40E-8.021, F.A.C., shall apply throughout the District’s consumptive use permit rules. In the event of a conflict or difference between the definitions contained in Rule 40E-8.021, F.A.C., and the definitions set forth in other District rules, the definitions in this Rule 40E-8.021, F.A.C., shall control for purposes of this chapter.

(1) Biscayne Aquifer – means the highly permeable surficial strata (hydraulic conductivities generally greater than 500 ft/day) that occur within Monroe, Miami-Dade (excluding those portions of coastal Monroe and Miami-Dade counties that discharge groundwater into Florida and Biscayne Bays), eastern Broward, and portions of eastern Palm Beach counties.

(2) Caloosahatchee River – means the surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay.

(3) C&SF Project – means the project for Central and Southern Florida authorized under the heading ‘CENTRAL AND SOUTHERN FLORIDA’ in section 203 of the Flood Control Act of 1948 (Chapter 771).

(4) CERP – means the Comprehensive Everglades Restoration Plan contained in the ‘Final Integrated Feasibility Report and Programmatic Environmental Impact Statement’, dated April 1, 1999, as modified by the Water Resources Development Act of 2000.

(5) Certification or Certify – means the formal determination by the District, through a validation process consistent with state and federal law, of the total amount of water made available by a project or project phase of a recovery or prevention strategy, as appropriate, for natural systems and other uses.

(6) Direct Withdrawal means:

(a) A ground water withdrawal that causes a water table drawdown greater than 0.1 feet, as determined using a model accepted by the District, at any location beneath the MFL surface water body or aquifer, up through a 1 in 10 year drought; or

(b) A surface water withdrawal from facilities physically located within the boundaries of a MFL surface water body.

(7) Everglades – means the lands and waters included within Water Conservation Areas, the Holeyland/Rotenberger wildlife management areas, and the freshwater portions of the Everglades National Park.

(8) Northeast Subregion of Florida Bay (hereinafter “Florida Bay”) – means the bays, basins, and sounds within Taylor Slough and the C-111 Canal basin watersheds, including Long Sound, Little Blackwater Sound, Blackwater Sound, Buttonwood Sound, Joe Bay, Little Madeira Bay, Madeira Bay, Terrapin Bay, Eagle Key Basin, and other open waters of Florida Bay northeast of a boundary line between Terrapin Bay and Plantation Key (see Map 2).

(9) Harm – means the temporary loss of water resource functions, as defined for consumptive use permitting in Chapter 40E-2, F.A.C., that results from a change in surface or ground water hydrology and takes a period of one to two years of average rainfall conditions to recover.

(10) Indirect Withdrawal – means the withdrawal of water from a water source for a consumptive use that receives surface water or ground water from an MFL water body or is tributary to an MFL water body.

(11) Lake Istokpoga – means the lands and waters contained within the Lake below 40.0 feet NGVD, the top of the U.S. Army Corps of Engineers’ regulation schedule.

(12) Lake Okeechobee – means the lands and waters contained within the perimeter of the Hoover Dike.

(13) LEC Plan – means the Lower East Coast Regional Water Supply Plan – May 2000, including all three volumes.

(14) Lower West Coast Aquifers – means the lower Tamiami aquifer, sandstone aquifer and the mid-Hawthorn aquifer that occur within Charlotte, Hendry, Glades, Lee and Collier counties.

(15) LWC Plan – means the Lower West Coast Regional Water Supply Plan – April 2000, including all three volumes.

(16) Minimum Flow – means a flow established by the District pursuant to Sections 373.042 and 373.0421, F.S., for a given water body and set forth in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources or ecology of the area.

(17) MFL Exceedance – means to fall below a minimum flow or level, which is established in Parts II and III of this chapter, for a duration greater than specified for the MFL water body.

(18) MFL Violation – means to fall below a minimum flow or minimum level, which is established in Parts II and III of this chapter, for a duration and frequency greater than specified for the MFL water body. Unless otherwise specified herein, in determining the frequency with which water flows and levels fall below an established MFL for purposes of determining an MFL violation, a “year” means 365 days from the last day of the previous MFL exceedance.

(19) Minimum Level – means the level of groundwater in an aquifer or the level of surface water established by the District pursuant to Sections 373.042 and 373.0421, F.S., in Parts II and III of this chapter, at which further withdrawals would be significantly harmful to the water resources of the area.

(20) MFL Water Body – means any surface water, watercourse, or aquifer for which an MFL is established in Part II or III of this chapter.

(21) Northwest Fork of the Loxahatchee River: Means those areas defined below:

(a) Northwest Fork of the Loxahatchee River that has been federally designated as Wild, Scenic and Recreational uses (as defined in the Loxahatchee River Wild and Scenic River Management Plan 2000) (see Map 1, incorporated herein), including the river channel that extends from river mile 6.0 (latitude 26.9856, longitude 80.1426) located near the eastern edge of Jonathan Dickinson State Park and continues upstream to the G-92 structure (latitude 26.91014, longitude 80.17578), including the South Indian Water Control District Canal C-14. The river channel includes the physical water flow courses and adjacent floodplain up to the limits of the floodplain swamp and wetlands within Riverbend Park, as determined by state wetland delineation criteria;

(b) Cypress Creek which extends westward from river mile 10.6 to the intersection of Gulf Stream Citrus Road (latitude 26.96484, longitude 80.1855) located approximately one mile west of the Florida Turnpike and includes its natural river channels and contiguous floodplain as determined by state wetland delineation criteria;

(c) Kitching Creek which extends from river mile 8.1 (latitude 26.9908, longitude 80.1540) northward through Jonathan Dickinson State Park to north of Bridge Road (latitude 27.05513, longitude 80.17580), including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria; and

(d) Hobe Grove Ditch which extends west from river mile 9.1 (latitude 26.9854, longitude 80.1594) westward to the Hobe-St. Lucie Conservancy District pump station outfall (latitude 26.5908, longitude 80.1031) including its natural river channels and contiguous floodplain as determined by state wetland delineation criteria.

(22) Operations – means activities taken by the District for the movement of surface water through works of the District pursuant to Chapter 373, F.S.

(23) Parts Per Thousand (ppt) – means in the measurement of salinity the total amount of salt in grams per 1000 grams of water. Practical salinity units (psu) similarly means a measure of salinity, but one that is based on conductivity of water at a standard temperature and pressure. Both terms are used interchangeably for purposes of this rule.

(24) Prevention Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Section 373.0421, F.S., or by rule, for areas where MFLs are currently not violated, but are projected to be violated within twenty (20) years of the establishment of the minimum flow or level, if said prevention strategies are not implemented.

(25) Recovery Strategy(ies) – means the structural and non-structural actions approved by the District in regional water supply plans, pursuant to Section 373.0421, F.S., or by rule, for areas where MFLs are currently violated.

(26) Regional Water Supply Plan – means a plan approved by the District pursuant to Section 373.709, F.S.

(27) St. Lucie River North Fork – means the surface waters that extend from the Gordy Road Bridge structure (state plane coordinates, x851212.831, y1116105.7470), combined with tributary contributions below Gordy Road and collectively flow south to the confluence with the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41).

(28) St. Lucie River South Fork – means the surface waters that extend from the culverts located at state plane coordinates x902,512.67, y1,001,799.91, north to the confluence of the river and the St. Lucie Canal (C-44).

(29) St. Lucie Estuary – means the surface water body south of the confluence of the St. Lucie River North Fork and C-24, north of the confluence of the St. Lucie River South Fork and C-44, and west of the western boundary of the Intracoastal Waterway, exclusive of canals.

(30) Serious Harm – means the long-term loss of water resource functions, as addressed in Chapters 40E-21 and 40E-22, F.A.C., resulting from a change in surface or ground water hydrology.

(31) Significant Harm – means the temporary loss of water resource functions, which result from a change in surface or ground water hydrology, that takes more than two years to recover, but which is considered less severe than serious harm. The specific water resource functions addressed by an MFL and the duration of the recovery period associated with significant harm are defined for each priority water body based on the MFL technical support document.

PART II MFL CRITERIA FOR LOWER EAST COAST REGIONAL PLANNING AREA

History

Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06, 10-23-12, 9-7-15.

Fla. Admin. Code R. 40E-8.221 Minimum Flows and Levels (MFLs): Surface Waters

The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources, or ecology, of the area as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District’s intent to correct or prevent the violation of these MFLs through management of the water resources and implementation of a recovery strategy.

(1) Lake Okeechobee. An MFL violation occurs in Lake Okeechobee when an exceedance, as defined herein, occurs more than once every six years. An “exceedance” is a decline below 11 feet NGVD for more than 80, non-consecutive or consecutive, days, during an eighteen month period. The eighteen month period shall be initiated following the first day Lake Okeechobee falls below 11 feet NGVD, and shall not include more than one wet season, defined as May 31st through October 31st of any given calendar year.

(2) Caloosahatchee River. The MFL for the Caloosahatchee River is the 30-day moving average flow of 457 cubic feet per second (cfs) at S-79.

(a) A MFL exceedance occurs during a 365-day period when the 30-day moving average flow at S-79 is below 457 cfs.

(b) A MFL violation occurs when a MFL exceedance occurs more than once in a 5-year period.

The flow, combined with tributary contributions below S-79, shall be sufficient to maintain a salinity gradient that prevents significant harm to mobile and immobile indicator species within the Caloosahatchee River. If significant harm occurs once the Caloosahatchee MFL recovery strategy is fully implemented and operational, the recovery strategy and MFL will be reviewed in accordance with Rule 40E-8.421, F.A.C. Mobile and immobile species shall be monitored as described in the recovery strategy.

(3) Everglades.

(a) Criteria for Peat-Forming Wetlands. Water levels within wetlands overlying organic peat soils within the water conservation areas, Rotenberger and Holeyland wildlife management areas, and Shark River Slough (Everglades National Park) shall not fall 1.0 feet or more below ground surface, as measured at a key gage, for one or more days during a period in which the water level has remained below ground for a minimum of 30 days, at specific return frequencies as specified in Table 1, below.

(b) Criteria for Marl-Forming Wetlands. Water levels within marl-forming wetlands that are located east and west of Shark River Slough, the Rocky Glades, and Taylor Slough within Everglades National Park, shall not fall 1.5 feet below ground surface, as measured at a key gage, for one or more days during a period in which the water level has remained below ground for a minimum of 90 days, at specific return frequencies for different areas, as identified in Table 1, below.

The MFL criteria listed in Table 1 are based on existing changes and structural alterations to the pre-drainage conditions of the Everglades. It is the District’s intent through implementation of the LEC Plan and the CERP to achieve minimum hydropattern return frequencies that approximate CERP compatible pre-drainage conditions in the Everglades. As a result, as the existing structural changes and alterations are corrected, the MFL criteria contained herein will be modified through a rule amendment consistent with the LEC Plan and the CERP.

(4) Northwest Fork of the Loxahatchee River.

(a) An enhanced freshwater regime is necessary to prevent significant harm to the water resources and ecology of the Northwest Fork of the Loxahatchee River, pursuant to Sections 373.042 and 373.0421, F.S. By establishing the MFL set forth in paragraphs (b) and (c), along with implementation of the associated recovery strategy, it is the interim goal of the District to provide sufficient freshwater flows to create at River Mile 9.2 the freshwater regime found at River Mile 10.2.

(b) A MFL violation occurs within the Northwest fork of the Loxahatchee River when an exceedance, as defined in paragraph (c), occurs more than once in a six year period.

Flows over Lainhart Dam decline below 35 cfs for more than 20 consecutive days; or
The average daily salinity concentration expressed as a 20-day rolling average exceeds two parts per thousand. The average daily salinity will be representative of mid-depth in the water column (average of salinities measured at 0.5 meters below the surface and 0.5 meters above the bottom) at river mile 9.2 (latitude 26.9839, longitude 80.1609).

(d) In addition to this MFL, which is intended to achieve partial enhancement of the Northwest Fork of the Loxahatchee River to prevent significant harm, restoration of the Loxahatchee River beyond the MFL will be addressed pursuant to subsection 40E-8.421(6), F.A.C., and other applicable provisions of state law. This MFL will be reviewed within two years of adoption and revised, if necessary, to ensure consistency with the restoration goal and plan identified pursuant to Rule 40E-8.421, F.A.C., or other applicable provisions of state law.

(5) Florida Bay.

(a) The minimum flow is that necessary to maintain salinity as described in paragraph (b), below. A net discharge into northeastern Florida Bay of 105,000 acre-feet of water over a 365-day period (a running total measured at West Highway Creek, at 25014'33'' north and 80026'50'' west; Trout Creek, at 25012'53'' north and 80032'01'' west; Mud Creek, at 25012'09'' north and 80035'01'' west; Taylor River, at 25011'27'' north and 80038'21'' west; and McCormick Creek, at 25010'03'' north and 80043'55'' west), is estimated to be necessary to maintain salinity as described in paragraph (b), below.

(b) An exceedance of the minimum flow criteria will be deemed to occur when the average salinity over 30 or more consecutive days exceeds 30 parts per thousand at the Taylor River salinity monitoring station, located at 25013'29'' north and 80039'10'' west. Multiple events of 30 or more day periods with salinity greater than 30 parts per thousand, occurring within a single calendar year, are considered as a single exceedance.

(c) A minimum flow violation occurs when an exceedance occurs during each of two consecutive years, more often than once in a ten-year period. By this definition, three consecutive years of exceedances constitute a violation.

Table 1. Minimum water levels, duration and return frequencies for key

water management gages located within the Everglades (1,2, 3)

Area

Key Gage

Soil Type & MFL Criteria

Return Frequency (years) (3)-(4)

WCA-1

1-7

Peat(1)

1 in 4

WCA-2A

2A-17

Peat

1 in 4

WCA-2B

2B-21

Peat

1 in 4

WCA-3A North

3A-NE

Peat

1 in 2

WCA-3A North

3A-NW

Peat

1 in 4

WCA-3A North

3A-2

Peat

1 in 4

WCA-3A North

3A-3

Peat

1 in 3

WCA-3A Central

3A-4

Peat

1 in 4

WCA-3A South

3A-28

Peat

1 in 4

WCA-3B

3B-SE

Peat

1 in 7

Rotenberger WMA

Rotts

Peat

1 in 2

Holeyland WMA

HoleyG

Peat

1 in 3

NE Shark Slough

NESRS-2

Peat

1 in 10

Central Shark Slough

NP-33

Peat

1 in 10

Central Shark Slough

NP-36

Peat

1 in 7

Marl wetlands east of Shark Slough

NP-38

Marl (2)

1 in 3

Marl wetlands west of Shark Slough

NP-201 G-620

Marl

1 in 5

Rockland marl marsh

G-1502

Marl

1 in 2

Taylor Slough

NP-67

Marl

1 in 2

(1) = MFL Criteria for Peat-forming wetlands: Water levels within wetlands overlying organic peat soils within the water conservation areas, Rotenberger and Holeyland wildlife management areas, and Shark River Slough (Everglades National Park) shall not fall 1.0 feet or more below ground surface, as measured at a key gage, for one or more days during a period in which the water level has remained below ground for at least 30 days, at specific return frequencies shown above.

(2) = MFL Criteria for Marl-forming wetlands: Water levels within marl-forming wetlands that are located east and west of Shark River Slough, the Rocky Glades, and Taylor Slough within the Everglades National Park, shall not fall 1.5 ft. below ground surface, as measured at a key gage, for one or more days during a period in which the water level has remained below ground for at least 90 days, at specific return frequencies for different areas, as shown above.

(3) = Return frequencies were developed using version 3.7 of the South Florida Water Management Model (SFWMM) and are the same as those stated on page 168, Table 44 of the adopted LEC Regional Water Supply Plan (May 2000).

(4) = MFL depth, duration and return frequencies are based on historic rainfall conditions for the 31 year period of record from 1965 to 1995.

History

Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.042, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01, Amended 4-1-03, 12-12-06, 12-9-19.

Fla. Admin. Code R. 40E-8.231 Minimum Levels: Aquifers

Biscayne Aquifer – The minimum level for the Biscayne aquifer is the level that results in movement of the saltwater interface landward to the extent that ground water quality at an established withdrawal point is insufficient to serve as a water supply source. A MFL violation occurs when water levels within the aquifer produce this degree of saltwater movement at any point in time.

PART III MFL CRITERIA FOR LOWER WEST COAST REGIONAL PLANNING AREA,

MFL CRITERIA FOR KISSIMMEE BASIN REGIONAL PLANNING AREA, AND

MFL CRITERIA FOR UPPER EAST COAST REGIONAL PLANNING AREA

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 9-10-01.

Fla. Admin. Code R. 40E-8.321 Minimum Flows and Levels (MFLs): Surface Waters

The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources or ecology, of the area, as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District’s intent to correct or prevent the violation of these criteria through management of the water resources.

History

Rulemaking Authority 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01.

Fla. Admin. Code R. 40E-8.331 Minimum Levels: Aquifers

The minimum levels for the lower Tamiami aquifer, the Sandstone aquifer and the mid-Hawthorn aquifer shall equal the structural top of the aquifer. A violation of this criteria occurs when the water levels drop below the top of the uppermost geologic strata that comprises the aquifer, at any point in time. Water level measurements that are made to monitor the conditions of the aquifers for the purpose of this rule shall be located no closer than 50 feet from any existing pumping well.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 9-10-01.

Fla. Admin. Code R. 40E-8.341 Minimum Flows and Levels (MFLs): Surface Waters for Upper East Coast Regional Planning Area

St. Lucie Estuary – mean monthly flows to the St. Lucie Estuary should not fall below 28cfs from the Gordy Road structure to the St. Lucie River North Fork for two consecutive months during a 365-day period, for two consecutive years.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 11-11-02.

Fla. Admin. Code R. 40E-8.351 Minimum Levels: Surface Waters for Kissimmee Basin Regional Planning Area

Lake Istokpoga – An MFL violation occurs in Lake Istokpoga when surface water levels fall below 36.5 feet NGVD for 20 or more weeks, within a calendar year, more often than once every four years.

PART IV IMPLEMENTATION

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 1-19-06.

Fla. Admin. Code R. 40E-8.421 Prevention and Recovery Strategies

(1) At the time of adoption of this rule, the existing flow or level for certain specified water bodies is below, or within 20 years is projected to fall below, the applicable MFL. For this reason, Section 373.709, F.S., requires regional water supply plans to contain recovery and prevention strategies, including water resource development and water supply development projects that are needed to achieve compliance with MFLs during the planning period. The implementation of such projects will allow for the orderly replacement or enhancement of existing water sources with alternative supplies in order to provide sufficient water for all existing and projected reasonable-beneficial uses, consistent with Section 373.0421, F.S.

(a) MFLs and recovery and prevention strategies will be implemented in phases with consideration of the District’s missions in managing water resources, including water supply, flood protection, environmental enhancement and water quality protection, as required by Section 373.016, F.S.

(b) MFLs are implemented to prevent significant harm to the water resources and, where applicable, the ecology of the area due to further withdrawals (Sections 373.042 and 373.0421, F.S.). A consumptive use permitting program is implemented to prevent harm to the water resource (Section 373.219, F.S.). A water shortage program is implemented to prevent serious harm to the water resource (Sections 373.175 and 373.246, F.S.). Additionally, the protection of water resources will, in part, be achieved through the reservation of water for fish and wildlife or public health and safety (Section 373.223(4), F.S.). The conceptual model identifying the relationships between these water resource protection requirements is set forth in Figure I in this Part.

(c) The rules implementing water resource protection tools, including Chapters 40E-2, 40E-8, 40E-21, 40E-22, F.A.C., and the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., identify the specific factors and conditions that will be applied and considered in implementing the conceptual model. Due to the extreme variations in water resource conditions, climatic conditions, hydrologic conditions, and economic considerations that will be faced when implementing these rules, it is critical to apply such criteria flexibly and to reserve for the governing board the ability to implement water resource protection and allocation programs considering all of the District’s missions under Chapter 373, F.S., and to balance water supply, flood protection, resource protection and water quality protection needs. Implementation of the recovery and prevention strategies will be achieved in compliance with the assurances to consumptive users and to natural systems contained in the LEC Plan and the LWC Plan.

(d) The phasing and timetables for implementation of structural components in recovery and prevention strategies contained in approved regional water supply plans are found to meet the requirements in Section 373.0421(2), F.S., for the expeditious and practicable recovery of the MFLs.

(e) Upon completion of each project or project phase of a recovery or prevention plan the District will certify the availability of water, as defined in subsection 40E-8.021(5), F.A.C.

(f) In order to ensure that the actual and projected performance of prevention and recovery strategies approved in the regional waters supply plans is sufficient to meet water resource needs, including MFLs, and the existing and projected reasonable-beneficial uses, the District will update recovery and prevention strategies on a periodic basis, based on new information and system performance. The performance of the recovery and prevention strategies in comparison to the performance projected in the regional water supply plans, will be assessed by the District for each recovery or prevention strategy phase. Based on the actual performance and new information obtained regarding the water resources, the District will review and revise, if necessary, recovery and prevention strategies through the regional water supply plan update process every five years, or sooner, as required by Section 373.709, F.S. At that time, the governing board will determine if rule modifications to the MFL or recovery and prevention strategies are necessary to continue to meet the requirements of Sections 373.042 and 373.0421, F.S.

(2) The Everglades, Lake Okeechobee, and the Caloosahatchee River.

(a) The Everglades, Lake Okeechobee and Caloosahatchee River have experienced or are projected to experience MFL violations. As a result, the LEC Plan and the LWC Plan contain approved recovery strategies, pursuant to Section 373.0421, F.S. Included in these recovery and prevention strategies is the CERP.

(b) MFLs within the Everglades, Lake Okeechobee, and the Caloosahatchee River, that are part of or served by the C&SF Project, will not be achieved immediately upon adoption of this rule largely because of the lack of adequate regional storage, including U.S. Army Corps of Engineers’ regulation schedule effects, or ineffective water drainage and distribution infrastructure. Although not all locations within the Everglades are currently in violation of the proposed MFL, the Everglades, as a whole, is subject to a recovery strategy. The LEC Plan identifies the structural and non-structural remedies necessary for the recovery of MFL water bodies. These structural and non-structural remedies are also intended to restore the Everglades, Lake Okeechobee and the Caloosahatchee River above the MFLs, through Chapter 373, F.S., authorities of the District.

(c) The projected long-term restoration of flows and levels in the Everglades resulting from implementation of the LEC Plan and the CERP is documented in the LEC Plan, and are intended to more closely approximate “pre-drainage” conditions. The planned components include implementing consumptive use and water shortage programs, removing conveyance limitations, implementing revised C&SF Project operational programs, storing additional freshwater, reserving water for the protection of fish and wildlife, and developing alternative sources for water supply. These components will be implemented over the next 20 years, resulting in a phased restoration of the affected areas.

(d) The District, as the U.S. Army Corps of Engineers’ local sponsor of the C&SF Project, is charged with implementing the CERP, in accordance with the Water Resources Development Act of 2000 (WRDA), Title VI entitled “Comprehensive Everglades Restoration,” and in accordance with State law. Assurances regarding water availability for consumptive uses and protection of natural systems are set forth in WRDA, Chapter 373, F.S., CERP and the LEC Plan, which will be followed by the District in implementing this chapter. Additional quantities of water for both consumptive uses and the natural systems made available from the CERP and other water resource development projects will be documented and protected on a project basis. For project components implemented under CERP, the additional quantity, distribution and timing of delivery of water that is made available for the natural system for consumptive use, will be identified consistent with purposes of the CERP. Under State law, water reservations and water allocations to consumptive uses will be utilized to protect water availability for the intended purposes.

(e) Lake Okeechobee. Under implementation of the Water Supply and Environment lake regulation schedule assumptions, the Lake Okeechobee MFL was not projected to be violated and an MFL prevention strategy was adopted. However, due to changes in the Lake Okeechobee Regulation Schedule, which received final approval in April 2008, the Lake MFL is projected to be violated and an MFL recovery strategy is necessary. This recovery strategy will remain in effect until the MFL criteria is met pursuant to Section 373.0421, F.S. The Lake Okeechobee MFL recovery strategy shall consist of four components, as fully described in the LEC Regional Water Supply Plan, Appendix H, as updated in October 2008. These components consist of:

Environmental enhancement projects to be implemented during extreme low Lake stages,
Regulatory constraints on consumptive use of Lake water,
Water shortage restrictions as described in Chapter 40E-22, F.A.C., and
Capital projects that improve storage capacity both within and adjacent to the Lake.

(3) Biscayne Aquifer. The LEC Plan contains an approved prevention strategy for the Biscayne Aquifer pursuant to Section 373.0421, F.S., which consists of the following:

(a) Maintain coastal canal stages at the minimum operation levels shown in Table J-2 of the LEC Plan;

(b) Apply conditions for permit issuance in Chapter 40E-2, F.A.C., to prevent the harmful movement of saltwater intrusion up to a 1-in-10 year level of certainty;

(c) Maintain a ground water monitoring network and utilize data to initiate water shortage actions pursuant to Rule 40E-8.441, and Chapters 40E-21 and 40E-22, F.A.C.;

(d) Construct and operate water resource and water supply development projects; and

(e) Conduct research in high risk areas to identify where the portions of the saltwater front is adjacent to existing and future potable water sources.

(4) Lower West Coast Aquifers. The LWC Plan identifies a prevention strategy for the LWC Aquifers, pursuant to Section 373.0421, F.S., as follows:

(a) Establish “no harm” maximum permittable levels for each aquifer (regulatory levels) for a 1-in-10 year level of certainty;

(b) Implement rule criteria to prevent harm through the consumptive use permitting process, including conditions for permit issuance in Rule 40E-2.301, F.A.C.;

(d) Implement the water shortage plan in Chapter 40E-21, F.A.C., as needed to prevent serious harm during drought conditions in excess of a 1-in-10 year level of certainty.

(5) St. Lucie River and Estuary. The following is the prevention strategy for the St. Lucie River and Estuary:

(a) Discharges from the North Fork will be managed within the operational protocols of the Ten Mile Creek Project scheduled to be completed by 2004. Flow targets will be consistent with the CERP performance requirements for Indian River Lagoon.

(b) A research and monitoring strategy for the North and South Forks of the St. Lucie River will be developed and implemented in coordination with the Upper East Coast Regional Water Supply Plan update.

(6) Northwest Fork of the Loxahatchee River Recovery Strategy: Purpose and Intent.

(a) The Northwest Fork of the Loxahatchee River is currently not meeting the MFL and requires implementation of a recovery strategy to achieve the MFL as soon as practicable, consistent with Section 373.0421, F.S. The recovery strategy consists of projects contained within the following approved plans: the LEC Plan, the CERP, and the Northern Palm Beach County Comprehensive Water Management Plan (NPBCCWMP). Four phases of recovery are identified in the Technical Documentation to Support Development of Minimum Flows and Levels for the Northwest Fork of the Loxahatchee River, November 2002, which are projected to increase flows to meet the MFL for the Northwest Fork of the Loxahatchee River. As part of the recovery strategy, as provided in this rule, the consumptive use permitting and water shortage requirements in this chapter and Chapters 40E-2 and 40E-21, F.A.C., and the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., including Subsection 3.2.1.E. regarding Restricted Allocation Areas for Lower East Coast Everglades Waterbodies and North Palm Beach County/Loxahatchee River Watershed Waterbodies, shall apply to consumptive use direct and indirect withdrawals from surface and groundwater sources from the Northwest Fork of the Loxahatchee River and those areas directly tributary to the Northwest Fork.

(b) In addition to implementation of this MFL recovery strategy, the District commits to restore freshwater flows to the Northwest Fork of the Loxahatchee River above the MFL through Chapter 373, F.S., and the CERP and its associated authorities. The District will continue to partner with the DEP in establishing a practical restoration goal and plan for the Loxahatchee River watershed. Recognizing that natural seasonal fluctuations in water flows are necessary to ensure that the functions of the Loxahatchee River are protected, this restoration goal and plan will include a more complete set of seasonally managed flow criteria for the river that are driven primarily by natural rainfall and runoff patterns within the watershed.

(c) The District shall continue to operate the G-92 structure and associated structures to provide approximately 50 cfs or more over Lainhart Dam to the Northwest Fork of the Loxahatchee River, when the District determines that water supplies are available.

(d) Additionally, it is the intent of the District to continue the current operational protocols of the G-92 structure so as not to reduce the historical high, average and low flows as estimated over the 30 year period of rainfall record used as the basis for the MFL for the Northwest Fork of the Loxahatchee River.

(e) It is the District’s intent to implement, along with other partners, projects to meet the practical restoration goal developed according to paragraph (b). Projects contained in the CERP, the LEC Plan and the NPBCCWMP will provide increased storage and conveyance within the basin with a goal of providing more water for restoration of the Northwest Fork of the Loxahatchee River.

(f) To protect water made available for the recovery and restoration of the Loxahatchee River through implementation of these associated projects, the District intends to adopt water reservations for the Loxahatchee River, pursuant to Section 373.223(4), F.S., on a project by project basis over the next 20 years. In addition, the SFWMD intends to adopt an initial reservation to protect existing water used for protection of fish and wildlife, consistent with the practical restoration goal identified for the Loxahatchee River, by 2004. Future reservations related to the Loxahatchee River will be consistent with the reservations being developed for restoration of the Everglades under CERP, and will reflect the needs of the natural system through a range of hydrologic conditions. These water reservations are intended to prevent the future allocation to consumptive uses the freshwater intended for restoration of the Loxahatchee River. The reservations will be implemented through the consumptive use permit program, operational protocols, water shortage rules, and other appropriate provisions in Chapter 373, F.S.

(g) As reservations are adopted to restore the Loxahatchee River beyond that to be achieved by the MFL, the District shall revise the MFL and associated prevention and recovery strategy, as appropriate, under Sections 373.042 and 373.0421, F.S., to be consistent with the reservation.

(7) Lake Istokpoga. The water levels in Lake Istokpoga are controlled by operation of water control structures (G-85 and, primarily, S-68) as guided by a regulation schedule adopted by the U.S. Army Corps of Engineers and implemented by the District. The existing regulation schedule, typical regional weather patterns, and present levels of inflows from area creeks make violation of the Lake’s minimum level unlikely; no such events have occurred since implementation of the Lake regulation schedule. Analysis of the current regulation schedule and operational policies for the Lake indicate the proposed Lake Istokpoga minimum level will be met for the foreseeable future. Therefore, the prevention strategy for Lake Istokpoga consists of continuation of the current operational plan and regulation schedule. The District, in coordination with other appropriate agencies, should also plan and operate extreme Lake drawdowns for environmental purposes in a manner that, to the greatest extent possible, avoids an MFL violation. If significant changes to the Lake’s water level management occurs due to new information, altered operational plans, or regulation schedule, a re-evaluation of the minimum level criteria will be conducted. This re-evaluation will occur as part of the next Lake Istokpoga MFL update which is scheduled to occur in 2010, or sooner, if significant changes to Lake management are proposed.

(8) Florida Bay. Under existing system conditions, violations of the MFL are not anticipated to occur. Therefore, a prevention strategy is contained in this rule. In addition to the prevention strategies identified in subsection 40E-8.421(1), F.A.C., the following actions will be taken:

(a) Modifications to operations for improved management of freshwater discharges to the headwaters of Taylor Slough and the southeast Everglades should consider the MFL, in coordination with:

The Modified Waters Deliveries to Everglades National Park project and the C-111 Canal project, and any associated operational and construction plans pursuant to these projects;
The C-111 Canal Spreader Acceler8 and CERP Projects;
The CERP Florida Bay and Florida Keys Feasibility Study.

(b) The SFWMD, in cooperation with other management agencies, will continue field monitoring and research to assess salinity, water level, and flow conditions and biological resource response in the region specified above.

(c) The update of the LEC Plan (anticipated in 2006) will contain a description of the elements, scheduling, and funding of the research and monitoring program and additional details of the prevention strategy for Florida Bay pursuant to Section 373.0421, F.S.

(d) These MFL criteria will be reviewed and may be revised no later than five years after adoption based on new information from the CERP Florida Bay and Florida Keys Feasibility Study or other scientific data that may become available. After the initial review, the MFL criteria will be reviewed at subsequent five-year intervals in conjunction with updates to the LEC Plan.

History

Rulemaking Authority Sections 9, 10 P.L. 83-358, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01, Amended 11-11-02, 4-1-03, 1-19-06, 12-12-06, 4-23-07, 10-14-08, 10-23-12, 7-14-14, 9-7-15.

Fla. Admin. Code R. 40E-8.431 Consumptive Use Permits

(1) Consumptive use permit applications that propose to withdraw water directly or indirectly from a MFL water body, that meet the conditions for permit issuance in Chapter 373, Part II, F.S. (including implementing rules in this chapter, Chapter 40E-2, F.A.C., and the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., as applicable), and are consistent with the approved recovery and prevention strategies under Section 373.0421, F.S., will be permitted. Consumptive use permit applications will be reviewed based on the recovery and prevention strategy approved at the time of permit application review.

(2) An existing permit will not be subject to revocation or modification by the District, prior to permit expiration, based on its impact on a MFL water body, unless the District has determined in the regional water supply plan that the reasonable-beneficial use served by the existing permitted allocation can otherwise be met from new or alternative water sources available (in place and operational) concurrent with such revocation or modification.

(3) A permittee must comply with the requirements of Rule 40E-2.351, F.A.C., in order to obtain a permit transfer to a new permittee.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.709 FS. History–New 9-10-01, Amended 7-14-14, 9-7-15.

Fla. Admin. Code R. 40E-8.441 Water Shortage Plan Implementation

(1) Water shortage restrictions will be imposed as required by District rules on the direct or indirect withdrawals from a MFL water body if a MFL exceedance occurs or is projected to occur during climatic conditions more severe than a 1 in 10 year drought, to the extent consumptive uses contribute to such exceedance. Under these circumstances, the District will equitably distribute available supplies to prevent serious harm to the water resources, pursuant to Sections 373.175 and 373.246, F.S., and the District’s Water Shortage Plan, Chapter 40E-21, F.A.C. The Water Shortage Plan utilizes a phased cutback approach with the severity of use restrictions increasing commensurate with increased potential for serious harm to the water resources.

(2) Water shortage restrictions will not be used in place of a component in an approved recovery plan to provide hydrologic benefits that are ultimately to be provided by such recovery strategy.

(3) MFL criteria will not be utilized to trigger water shortage restrictions during climatic conditions less severe than a 1 in 10 year level of drought.

(4) Water shortage restrictions will be implemented considering the factors in Chapter 40E-21, F.A.C., and this rule. In declaring a water shortage to protect a MFL water body, the governing board shall give consideration to:

(a) The level of drought;

(b) Whether the MFL criteria will be or is being exceeded due to direct or indirect withdrawals;

(c) The magnitude of the impact on the MFL water body, including water resource functions addressed by the MFL, from such withdrawals;

(d) The magnitude of the regional hydrologic improvements projected to be derived from the proposed cutbacks;

(e) Water management actions significantly contributing to the MFL exceedance; and

(f) The practicality of using other methods, such as deliveries of water from the regional system, to reduce MFL exceedances.

(5) The establishment and implementation of MFLs shall not limit the District’s ability to impose water shortage restrictions pursuant to Sections 373.175 and 373.246, F.S., and the District’s Water Shortage Plan, Chapter 40E-21, F.A.C., when water levels in a MFL water body are above an established MFL, nor shall it limit the District’s ability to allow for the discharge or withdrawal of water from a MFL water body, when water levels are below an established MFL.

(6) Phase III water shortage restrictions may be imposed, consistent with the factors herein, when a MFL criteria exceedance or violation is imminent. Phase III or greater water shortage restrictions shall be implemented allowing for a shared adversity between continuing consumptive use and water resource needs.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 9-10-01.

Chapter 40E-9 REAL PROPERTY ACQUISITION AND DISPOSAL

Fla. Admin. Code R. 40E-9.011 Policy and Purpose

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.086, 373.089, 373.093, 373.096, 373.099, 373.139 FS. History–New 9-3-81, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.951 Land Acquisition

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.086(1), 373.139 FS. History–New 9-3-81, Formerly 16K-6.01(2), (3), 16K-6.02(1), Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.953 Relocations

History

Rulemaking Authority 373.044 FS. Law Implemented 373.044, 373.086(1) FS. History–New 9-3-81, Formerly 16K-6.03, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.955 Sale or Exchange of Surplus Lands

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.089 FS. History–New 9-3-81, Formerly 16K-6.05, Amended 4-28-88, 2-2-89, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.957 Lease of Lands

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.093 FS. History–New 9-3-81, Formerly 16K-6.06, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.959 Releases and Non-Use Commitments

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.096 FS. History–New 9-3-81, Formerly 16K-6.04, Amended 2-2-89, 3-3-91, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.961 Conveyances to Other Governmental Entities

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056(4) FS. History–New 9-3-81, Formerly 16K-6.02, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.963 Sale of Surplus Spoil Material

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.086(1), 373.103(6) FS. History–New 9-3-81, Formerly 16K-6.07, Repealed 7-2-98.

Fla. Admin. Code R. 40E-9.965 Fee Schedule

The following schedule of non-refundable fees shall apply to all applications made pursuant to this chapter:

Type of Application

Fee

(1) Sale of surplus lands

$1,000.00

(2) Exchange of surplus land

$1,000.00

(3) Leases

$1,000.00

(4) Easements

$1,000.00

(5) Releases and non-use commitments

(a) Releases

Canal reservations

$250.00

Road reservations

$250.00

Mineral reservations

$250.00

Multiple releases combined into one instrument

$250.00

(b) Non-use commitments

Residential (single sites).

$250.00

Commercial, industrial, residential, and governmental development plus $25.00 for each acre or fraction thereof over one.

$250.00

(6) Miscellaneous

(a) Approval of release of TIITF or State School Board reservations

$250.00

(b) Quitclaim deeds

$200.00

$150.00

(d) Disclaimers

$200.00

History

Rulemaking Authority 373.044, 373.088, 373.113 FS. Law Implemented 373.088 FS. History–New 9-3-81, Amended 4-28-88, 3-3-91.

Chapter 40E-10 WATER RESERVATIONS

Fla. Admin. Code R. 40E-10.011 Policy and Purpose

The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified waterbodies. Water reservations are implemented in the water use program pursuant to Chapter 40E-2, F.A.C.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended 7-14-14.

Fla. Admin. Code R. 40E-10.021 Definitions

(1) Fakahatchee Estuary – The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Faka Union Bay, and Fakahatchee Bay as depicted in Figure 1-3 Fakahatchee Estuary.

(2) Picayune Strand – The area located southwest of the Florida Panther National Wildlife Refuge, north of the Ten Thousand Islands NWR, east of the South Belle Meade State Conservation and Recreation Lands (CARL) Project, west of the Fakahatchee Strand Preserve State Park, and northeast of Collier-Seminole State Park as depicted in Figure 1-2 Picayune Strand. The legal description of the Picayune Strand is contained in Appendix 1.

(3) North Fork of the St. Lucie River – The area that extends from the Gordy Road structure (state plane coordinates, x851212.831, y1116105.7470), to the confluence of the North Fork of the St. Lucie River and the C-24 canal (state plane coordinates, x873,712.20, y1064,390.41) as depicted in Appendix 2, Figure 2-1.

(4) Nearshore Central Biscayne Bay – The area within Biscayne Bay up to 1640 feet (500 meters) from the shoreline beginning south of Shoal Point extending southward to north of Turkey Point as depicted in Figure 3-1.

(5) Caloosahatchee River – The surface waters that flow through the S-79 structure, combined with tributary contributions below S-79 that collectively flow southwest to San Carlos Bay, as defined in subsection 40E-8.021(2), F.A.C.

(6) Caloosahatchee River (C-43) West Basin Storage Reservoir – A reservoir located in Hendry County, Florida, west of the City of LaBelle on the east side of the Townsend Canal and south of SR 80 as described in Appendix 1-12, and depicted in Figure 1-13 (also known as the ‘C-43 Reservoir’).

(7) Everglades Agricultural Area (EAA) Reservoir – A reservoir located in Palm Beach County, Florida, south of the City of South Bay between the Miami and North New River Canals as described in Appendix 3 and depicted in Figure 3-5.

(8) For the Upper Chains of Lakes, Headwaters Revitalization Lakes, and Kissimmee River water reservation, the following definitions apply:

(a) Lakes Hart-Mary Jane Reservation Waterbodies – Lake Hart, Lake Mary Jane, Lake Whippoorwill, Whippoorwill Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-57 and S-62 structures in Orange and Osceola counties, as depicted in Appendix 4, Figures 4-1 and 4-2A.

(b) Lakes Myrtle-Preston-Joel Reservation Waterbodies – Lake Myrtle, Lake Preston, Lake Joel, Myrtle/Preston Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-57 and S-58 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-3A.

(c) East Lake Tohopekaliga Reservation Waterbodies – East Lake Tohopekaliga, Fells Cove, Ajay Lake, Lake Runnymede, Runnymede Canal, and the Central and Southern Florida Flood Control Project canals that occur between the S-59 and S-62 structures in Orange and Osceola counties, as depicted in Appendix 4, Figures 4-1 and 4-4A.

(d) Lake Tohopekaliga Reservation Waterbodies – Lake Tohopekaliga and the Central and Southern Florida Flood Control Project canals that occur between the S-59 and S-61 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-5A.

(e) Alligator Chain of Lakes Reservation Waterbodies – Alligator Chain of Lakes, including Lake Center, Coon Lake, Trout Lake, Lake Lizzie, Brick Lake, Alligator Lake, Live Oak Lake, and Sardine Lake; Center/Coon, Live Oak, Sardine, and Brick canals; and the Central and Southern Florida Flood Control Project canals that occur between the S-58 and S-60 structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-6A.

(f) Lake Gentry Reservation Waterbodies – Lake Gentry and the Central and Southern Florida Flood Control Project canals that occur between the S-60 and S-63A structures in Osceola County, as depicted in Appendix 4, Figures 4-1 and 4-7A.

(g) Headwaters Revitalization Lakes Reservation Waterbodies – Lake Kissimmee, Lake Hatchineha, Tiger Lake, Tiger Creek, Cypress Lake, Zipprer Canal east of the G-103 structure, Jackson Canal downstream of the G-111 structure, and the Central and Southern Florida Flood Control Project canals that occur between the S-61, S-63A, and S-65 structures in Osceola and Polk counties, as depicted in Appendix 4, Figures 4-1 and 4-8A.

(h) Kissimmee River Reservation Waterbodies – The Kissimmee River and its 100-year floodplain between the S-65 and S-65D structures, Istokpoga Canal and the floodplain located east of the S-67 structure; and the C-38 Canal and remnant river channels between the S-65D and S-65E structures in Polk, Osceola, Okeechobee and Highlands counties, as depicted in Appendix 4, Figures 4-1 and 4-9.

(i) Upper Chain of Lakes Reservation Waterbodies – Refers to the collective waterbodies defined in paragraphs (8)(a)–(8)(f) above, as depicted in Figure 4-1.

(j) Contributing Waterbodies – All wetlands and other surface waters, including canals and ditches, that contribute surface water to a reservation waterbody, as depicted in Figures 4-1, 4-4A, 4-5A, 4-6A, 4-7A, 4-8A, and 4-9.

Editor’s Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14, 1-31-21, 3-10-21.

Fla. Admin. Code R. 40E-10.031 Water Reservations Implementation

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.301, F.A.C., and Section 3.11 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rules 40E-2.091, F.A.C., are met.

(2) Water reserved for the protection of fish and wildlife contained within the Picayune Strand and Fakahatchee Estuary is defined in subsections 40E-10.041(1)-(2), F.A.C.

(3) Water reserved for the protection of fish and wildlife contained within the North Fork of the St. Lucie River is defined in subsection 40E-10.051(1), F.A.C.

(4) Water reserved for the protection of fish and wildlife contained within Nearshore Central Biscayne Bay is defined in subsections 40E-10.061(1)-(2), F.A.C.

(5) Water reserved for the protection of fish and wildlife contained within and released, via operation, from the Caloosahatchee River (C-43) west Basin Storage Reservoir is defined in subsection 40E-10.041(3), F.A.C.

(6) Water reserved for the protection of fish and wildlife released via operation from the EAA Reservoir is defined in paragraph 40E-10.061(3)(a), F.A.C.

(7) Water reserved for the protection of fish and wildlife contained within the Upper Chain of Lakes, Headwaters Revitalization Lakes, Kissimmee River, and Contributing Waterbodies is defined in Subsections 40E-10.071(1)-(3), F.A.C. These water reservation rules do not adjudicate property rights or dictate the operation of the Central & Southern Florida Flood Control Project (C&SF Project).

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended 3-18-10, 7-21-13, 7-14-14, 7-16-14, 1-31-21, 3-10-21.

Fla. Admin. Code R. 40E-10.041 Water Reservation Areas: Lower West Coast Planning Area

(1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.:

(a) Surface waters:

All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1).
All surface water flowing into the Picayune Strand identified below is reserved from allocation:

(I) The surface water flows depicted on Figures 1-4.A, B, and C, simulated at weir ‘Miller2’ within the Miller Canal (see Figure 1-2);

(II) The surface water flows depicted on Figures 1-5.A, B, and C, simulated at weir ‘FU3’ within the Faka Union Canal (see Figure 1-2); and

(III) The surface water flows depicted on Figures 1-6.A, B, and C simulated at spillway ‘Lucky LA’ within the Merritt Canal (see Figure 1-2).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Picayune Strand is reserved from allocation.

(2) Fakahatchee Estuary as defined in subsection 40E-10.021(1), F.A.C.:

(a) Surface waters:

The surface water flows into the Fakahatchee Estuary identified below are reserved from allocation:

The surface water flows depicted on Figures 1-7.A, B, and C simulated at Faka Union Canal at structure FU1 (See Figure 1-3);
The surface water flows depicted on Figures 1-8.A, B, and C simulated at ‘Miller@41’ transect (beginning at coordinate 471365.13N, 599423.29 E Southeast to 479226.67N, 595105.77E (delivering surface water to Blackwater Bay and Buttonwood Bay) see Figure 1-3);
The surface water flows depicted on Figures 1-9.A, B, and C simulated at ‘FU@41’ transect (beginning at coordinate 480427.89N, 595005.67E Southeast to 487735.34N, 592478.09E (delivering surface water to Pumpkin Bay) see Figure 1-3);
The surface water flows depicted on Figures 1-10.A, B, and C simulated at ‘Merritt@41’ transect (beginning at coordinate 490942.49N, 593218.49E flowing Southeast to 499050.54N, 590515.81E (delivering surface water to Faka Union Bay) see Figure 1-3); and
The surface water flows depicted on Figures 1-11.A, B, and C simulated at ‘Fakahatchee@41’ transect (beginning at coordinate 498623.81N, 587955.37E Southeast to 533587.95N, 575807.53E (delivering surface water to Fakahatchee Bay) see Figure 1-3).

(b) Groundwater: All groundwater in the water table and unconfined portions of Lower Tamiami aquifer underlying the Fakahatchee Estuary is reserved from allocation.

Reservations contained in subparagraphs 1. and 2. Above, shall be reviewed in light of changed conditions or new information by December 31, 2014.

(3) Caloosahatchee River (C-43) West Basin Storage Reservoir:

(a) All surface water contained within and released, via operation, from the Caloosahatchee River (C-43) West Basin Storage Reservoir is reserved from allocation.

(b) The water reserved under this subsection will be available for fish and wildlife upon a formal determination of the Governing Board, pursuant to state and federal law, that the Caloosahatchee River (C-43) West Basin Storage Reservoir is operational.

(c) The reservation contained in this subsection and the criteria contained in Section 3.11.4 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and prior to the approval described in paragraph (3)(b) above.

Editor’s Note: Please see the Word document for Chapter 40E-10, F.A.C., for the inclusion of the appendices referenced in the above rule text.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-2-09, Amended 3-18-10, 7-21-13, 7-16-14, 3-15-17.

Fla. Admin. Code R. 40E-10.051 Water Reservation Areas: Upper East Coast Planning Area

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.:

Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 2, Figure 2-2; are reserved from allocation. The water reserved under this rule will be available for fish and wildlife upon formal determination of the Governing Board, pursuant to state and federal law, that any one or all of the Comprehensive Everglades Restoration Plan’s C-23/C-24 North and South Reservoirs and STA Project are operational. Reservations contained in this rule and the criteria contained in section 3.11.2 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information and concurrent with the approval specified, above.

Editor’s Note: Please see the Word document for Chapter 40E-10, F.A.C., for the inclusion of the appendices referenced in the above rule text.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 3-18-10, Amended 7-21-13, 7-14-14, 3-15-17.

Fla. Admin. Code R. 40E-10.061 Water Reservation Areas: Lower East Coast Planning Area

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.:

All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1).

(2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is reserved from allocation:

(a) Surface water flows depicted on Figures 3-2.A and 3-2.B through S-123 derived from the following contributing canal reaches:

The C-100A canal upstream of S-123 to S-120 including all integrated conveyance canals.
The C-100C canal upstream of S-123 to S-119 including all integrated conveyance canals.
The C-100B canal upstream of S-123 to S-122 including all integrated conveyance canals.
The C-100 canal upstream of S-123 to S-118 including all integrated conveyance canals.

(b) Surface water flows depicted on Figures 3-3.A and 3-3.B through S-21 derived from the following contributing canal reaches:

The L-31E borrow canal upstream of S-21 to the canal terminus.
The C-1 canal upstream of S-21 to S-122 and S-149 including all integrated conveyance canals.
The C-1 canal upstream of S-21 to the C-1W canal and S-338 including all integrated conveyance canals.

(c) Surface water flows depicted on Figures 3-4.A and 3-4.B which is the combined flow through S-21A, S-20G, and S-20F as derived from the following contributing canal reaches:

The C-102 canal connecting to the C-102 N canal upstream of S-21A to S-195.
The C-102 canal upstream of S-21A to S-165.
The L-31E borrow canal upstream of S-21A to its terminus near S-21 including the Gould’s Canal.
The L-31E borrow canal upstream of S-21A south to S-20G.
The Military canal upstream of S-20G.
The C-103 canal upstream of S-20F to S-179.
The L-31E borrow canal upstream of S-20F to S-20G including all integrated conveyance canals.
The L-31E borrow canal from S-20F south to the North Canal.
The North Canal.
The L-31E borrow canal from S-20F south to the Florida City Canal.
The Florida City Canal from Southwest 107th Avenue to its confluence with the L-31E borrow canal.

Reservations contained in the section shall be reviewed in light of changed conditions or new information.

(3) EAA Reservoir:

(a) All surface water released, via operation, from the EAA Reservoir that is directed to the Lower East Coast Everglades Waterbodies through Structures S-624, S-625, and S-626 (see Figure 3-6) is reserved from allocation.

(b) The water prospectively reserved under this subsection is not available for fish and wildlife until the Governing Board makes a formal determination, pursuant to state and federal law, that the EAA Reservoir is operational.

(c) Within 90 days of approval of the Final Project Operating Manual or Final System Operating Manual for the EAA Reservoir, the District shall publish a Notice of Rule Development to revise the reservation contained in paragraph 40E-10.061(3)(a), F.A.C., above, and criteria in Section 3.11.6 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C. Said rulemaking must result in an adopted rule that is in effect, unless subject to legal proceedings or legislative ratification, within two years of publication of the Notice of Rule Development and before the EAA Reservoir is deemed operational pursuant to paragraph 40E-10.061(3)(b), F.A.C., above.

(d) The reservation contained in paragraph 40E-10.061(3)(a), F.A.C., above, and the criteria contained in Section 3.11.6 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District” (Applicant’s Handbook), incorporated by reference in Rule 40E-2.091, F.A.C., shall be revised in light of changed conditions or new information.

(e) Water released from the EAA Reservoir through structure S-628 is not reserved.

Editor’s Note: Please see the Word document for Chapter 40E-10, F.A.C., for the inclusion of the appendices referenced in the above rule text.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History–New 7-21-13, Amended 3-15-17, 1-31-21.

Fla. Admin. Code R. 40E-10.071 Water Reservation Areas: Upper and Lower Kissimmee Basin Planning Areas

(1) Upper Chain of Lakes

(a) Lakes Hart-Mary Jane Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(a), F.A.C.:

Surface Water: All surface water in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages depicted in Figure 4-2B and listed in Table 4-2 is reserved from additional allocations.
Groundwater: Surficial aquifer system groundwater contributing to Lakes Hart-Mary Jane that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(b) Lakes Myrtle-Preston-Joel Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(b), F.A.C.:

1.Surface Water: All surface water in Lakes Myrtle-Preston-Joel (Figure 4-3A) up to the water reservation stages depicted in Figure 4-3B and listed in Table 4-3 is reserved from additional allocations.

Groundwater: Surficial aquifer system groundwater contributing to Lakes Myrtle-Preston-Joel that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(c) East Lake Tohopekaliga Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(c), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

Surface Water: All surface water in East Lake Tohopekaliga (Figure 4-4A) up to the water reservation stages depicted in Figure 4-4B and listed in Table 4-4 is reserved from additional allocations.
Groundwater: Surficial aquifer system groundwater contributing to East Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.
Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(d) Lake Tohopekaliga Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(d), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

Surface Water: All surface water in Lake Tohopekaliga (Figure 4-5A) up to the water reservation stages depicted in Figure 4-5B and listed in Table 4-5 is reserved from additional allocations.
Groundwater: Surficial aquifer system groundwater contributing to Lake Tohopekaliga or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.
Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(e) Alligator Chain of Lakes Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(e), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

Surface Water: All surface water in the Alligator Chain of Lakes (Figure 4-6A) up to the water reservation stages depicted in Figure 4-6B and listed in Table 4-6 is reserved from additional allocations.
Groundwater: Surficial aquifer system groundwater contributing to the Alligator Chain of Lakes or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.
Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(f) Lake Gentry Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(f), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

Surface Water: All surface water in Lake Gentry (Figure 4-7A) up to the water reservation stages depicted in Figure 4-7B and listed in Table 4-7 is reserved from additional allocations.
Groundwater: Surficial aquifer system groundwater contributing to Lake Gentry or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.
Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(2) Headwaters Revitalization Lakes Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(g), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

(a) Surface Water: All surface water in the Headwaters Revitalization Lakes (Figure 4-8A; Figure 4-8B; Table 4-8) is reserved from additional allocations.

(b) Groundwater: Surficial aquifer system groundwater contributing to the Headwaters Revitalization Lakes or their contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(c) Contributing Waterbodies: Surface water that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(3) Kissimmee River Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(h), F.A.C., and Contributing Waterbodies, as defined in paragraph 40E-10.021(8)(j), F.A.C.:

(a) Surface Water: All surface water in the Kissimmee River (Figure 4-9) is reserved from additional allocations in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(b) Groundwater: Surficial aquifer system groundwater contributing to the Kissimmee River or its contributing waterbodies that is required for the protection of fish and wildlife is reserved from allocation in accordance with Subsection 3.11.5 of the Applicant’s Handbook, incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021.

(4) The reservation contained in this rule and the criteria contained in Subsection 3.11.5 of the “Applicant’s Handbook for Water Use Permit Applications within the South Florida Water Management District,” incorporated by reference in Rule 40E-2.091, F.A.C., effective March 21, 2021, shall be reviewed and revised pursuant to Section 373.223(4), F.S., in light of changed conditions or new information, including any revised regulation schedules.

Editor’s Note: Please see the Word document for Chapter 40E-10 for the inclusion of the appendices referenced in the above rule text.

APPENDIX 1 LOWER WEST COAST PLANNING AREA

1-1 LEGAL DESCRIPTION OF PICAYUNE STRAND AS DEFINED IN SUBSECTION 40E-10.021(1), F.A.C.

A tract of land in Townships 50, 51 and 52 South, Ranges 27 and 28 East, Collier County, Florida, more particularly described as follows:

Beginning at the Southeast Corner of Section 25, Township 51 South, Range 28 East, Collier County, Florida, run S89°10'50''W, 2659.84 feet to the South Quarter Corner of said Section 25; thence S89°09'41''W, 2659.37 feet to the Southwest Corner of said Section 25; thence S00°19'11''W, 2611.61 feet to the East Quarter Corner of Section 35 of said Township 51 South, Range 28 East;

thence S88°56'33''W, 2652.73 feet to the Northeast Corner of the Southwest Quarter of said Section 35; thence S00°18'15''W, 2614.86 feet to the South Quarter Corner of said Section 35; thence S88°54'23''W, 2650.59 feet to the Southwest Corner of Section 35; thence S88°50'39''W, 2639.94 feet to the South Quarter Corner of Section 34 of said Township 51 South, Range 28 East;

thence S89°00'23''W, 2652.66 feet to the Southwest Corner of said Section 34;

thence S88°44'21''W along the north line of the Northeast Quarter of Section 4, Township 52 South, Range 28 East, 1450.32 feet to the Northeast Corner of those lands described in Official Record Book 2624, Page 2509, Public Records of Collier County, Florida; thence S00°27'37''E along the east line of said lands, 6308.01 feet; thence continuing along said east line, S89°34'56''W, 16.37 feet;

thence continuing along said east line, S00°25'04''E, 360.00 feet to the north right-of-way line of U.S. Highway 41; thence westerly along the north right-of-way line of U.S. Highway 41, S84°52'54''W, 327.99 feet; thence N05°07'06''W, 39.00 feet to a point on a non-tangent curve; thence westerly 900.69 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 28°07'18'' and a chord of 891.68 feet, bearing N81°03'27''W;

thence S23°00'12''W, 39.00 feet; thence N66°59'48''W, 5570.19 feet to a point of curvature; thence northwesterly 800.00 feet along the arc of a curve, concave to the southwest, having a radius of 17224.80 feet, a central angle of 02°39'40'' and a chord of 799.93 feet, bearing N°68°19'38''W to a point of tangency;

thence N69°39'28''W, 6844.52 feet; thence N20°20'32''E, 39.00 feet to a point on a non-tangent curve; thence northwesterly 671.08 feet along the arc of said curve, concave to the northeast, having a radius of 1835.08 feet, a central angle of 20°57'10'' and a chord of 667.35 feet, bearing N59°10ꞌ53''W; thence S41°17ꞌ43ꞌꞌW, 39.00 feet; thence N48°42'17''W, 6815.31 feet to a point of curvature; thence northwesterly 442.16 feet along the arc of a curve, concave to the southwest, having a radius of 725.20 feet, a central angle of 34°56'02'' and a chord of 435.35 feet, bearing N66°10'19''W to a point of tangency; thence N83°38'20''W, 300.77 feet to the intersection of the north right-of-way line of U.S. Highway 41 with the west line of Section 36, Township 51 South, Range 27 East;

thence N00°03'59''E along the west line of said Section 36, 1586.32 feet to the Northwest Corner of Section 36; thence N01°15'40''W, 2658.40 feet, to the West Quarter Corner of Section 25 of said Township 51 South, Range 27 East;

thence N01°17'06''W, 2656.42 feet to the Northwest Corner of said Section 25;

thence N01°16'05''W, 2655.83 feet to the West Quarter Corner of Section 24 of said Township 51 South, Range 27 East; thence N01°16'15''W, 2656.76 feet to the Northwest Corner of said Section 24; thence N00°19'01''E, 2764.38 feet to the West Quarter Corner of Section 13 of said Township 51 South, Range 27 East; thence N00°19'04''E, 2764.32 feet to the Northwest Corner of said Section 13; thence N01°15'53''E, 2764.69 feet to the West Quarter Corner of Section 12 of said Township 51 South, Range 27 East; thence N01°16'08''E, 2764.72 feet to the Northwest Corner of said Section 12; thence N00°37'07''E, 2763.78 feet to the West Quarter Corner of Section 1 of said Township 51 South, Range 27 East; thence N00°35'09''E, 2732.08 feet to the Northwest Corner of said Section 1; thence N01°09'58''E, 2697.35 feet to the West Quarter Corner of Section 36 of Township 50 South, Range 27 East; thence N01°14ꞌ25''E, 2554.73 feet to the Northwest Corner of said Section 36; thence N00°49'11''E, 2618.76 feet to the West Quarter Corner of Section 25 of said Township 50 South, Range 27 East;

thence N01°30'13''E, 2623.02 feet to the Northwest Corner of said Section 25;

thence N01°14'51''E, 2643.78 feet to the West Quarter Corner of Section 24 of said Township 50 South, Range 27 East; thence N00°55ꞌ45''E, 2647.27 feet to the Northwest Corner of said Section 24; thence N89°04ꞌ28''W, 2655.08 feet to the South Quarter Corner of Section 14 of said Township 50 South, Range 27 East; thence N89°06ꞌ09''W, 2673.56 feet to the Southwest Corner of said Section 14; thence N01°20ꞌ52''E, 2642.45 feet to the West Quarter Corner of said Section 14; thence N01°02'27''E, 2638.34 feet to the Northwest Corner of said Section 14; thence S88°57ꞌ18ꞌꞌE, 2650.45 feet to the North Quarter Corner of said Section 14; thence S89°16ꞌ05ꞌꞌE, 2679.46 feet to the Northeast Corner of said Section 14; thence N00°32'07''E, 2629.53 feet to the West Quarter Corner of Section 12 of said Township 50 South, Range 27 East; thence N00°05'55''E, 2655.64 feet to the Northwest Corner of said Section 12; thence N00°35'20''E, 2638.33 feet to the West Quarter Corner of Section 1 of said Township 50 South, Range 27 East; thence N09°11'51''W along the west line of the Northwest Quarter of said Section 1 a distance of 2352.20 feet to the intersection with the south line of the south drainage right-of-way of Interstate 75; thence easterly along said line, N89°40ꞌ16ꞌꞌE, 2640.00 feet; thence S88°14'35''E, 2676.02 feet;

thence S89°13'04''E, 2656.26 feet; thence N89°51'50''E, 2650.84 feet;

thence N89°28ꞌ53''E, 2647.15 feet; thence S89°53ꞌ38''E, 2654.08 feet;

thence S89°59'57''E, 2650.10 feet; thence N89°51'03''E, 2650.97 feet;

thence S89°32'18''E, 2648.17 feet; thence N89°47'26''E, 2686.92 feet;

thence N00°23'28''W, 124.56 feet; thence S89°54'09''E, 2649.59 feet;

thence S89°56'18''E, 2651.63 feet; thence N89°41'16''E, 2652.50 feet;

thence S89°49'15'ꞌE, 2651.54 feet to the intersection of the south line of said south drainage right-of-way with the east line of Section 1, Township 50 South, Range 28 East; thence S00°18'22''E along the east line of the Northeast Quarter of said Section 1 a distance of 2460.78 feet to the East Quarter Corner of said Section 1; thence S00°18'26''E, 2663.16 feet to the Southeast Corner of said Section 1; thence S00°19'17''E, 2661.71 feet to the East Quarter Corner of Section 12 of said Township 50 South, Range 28 East; thence S00°18'47''E, 2661.88 feet to the Southeast Corner of said Section 12; thence S00°18'10''E, 2662.06 feet to the East Quarter Corner of Section 13 of said Township 50 South, Range 28 East; thence S00°18'16''E, 2662.13 feet to the Southeast Corner of said Section 13; thence S00°18'16''E, 2662.14 feet to the East Quarter Corner of Section 24 of said Township 50 South, Range 28 East; thence S00°17'28''E, 2661.81 feet to the Southeast Corner of said Section 24; thence S00°17'38''E, 2674.16 feet to the East Quarter Corner of Section 25 of said Township 50 South, Range 28 East; thence S00°10'00''E, 2674.56 feet to the Southeast Corner of said Section 25; thence S00°13'47''E, 2674.47 feet to the East Quarter Corner of Section 36 of said Township 50 South, Range 28 East; thence S00°13'47''E, 2674.49 feet to the Southeast Corner of said Section 36; thence S00°51'18''E, 2682.32 feet to the East Quarter Corner of Section 1 of Township 51 South, Range 28 East; thence S00°51'18''E, 2682.32 feet to the Southeast Corner of said Section 1; thence S00°28'26ꞌꞌW, 2596.09 feet to the East Quarter Corner of Section 12 of said Township 51 South, Range 28 East; thence S00°41'47''W, 2598.68 feet to the Southeast Corner of said Section 12; thence southerly along the east line of Section 13, Township 51 South, Range 28 East, S00°35'55''W, 5191.01 feet to the Southeast Corner of said Section 13; thence S00°36'41''W, 2596.95 feet to the East Quarter Corner of Section 24 of said Township 51 South, Range 28 East; thence S00°34'08''W, 2597.43 feet to the Southeast Corner of said Section 24; thence S00°33'57''W, 2596.90 feet to the East Quarter Corner of Section 25 of said Township 51 South, Range 28 East; thence S00°34'27''W, 2597.76 feet to the Southeast Corner of said Section 25 and the Point of Beginning.

1-12 LEGAL DESCRIPTION OF CALOOSAHATCHEE RIVER C-43 WEST

BASIN STORAGE RESERVOIR

Caloosahatchee River

C-43 West Basin Storage Reservoir

A parcel of land lying in Sections 31, 32, 33, 34, 35 and 36, Township 43 South, Range 28 East, Section 31, Township 43 South, Range 29 East, Section 6, Township 44 South, Range 29 East, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Township 44 South Range 28 East, Hendry County Florida, being more particularly described as follows:

Beginning at the Northwest corner of the East 1/2 of said Section 31, Township 43 South, Range 28 East; Thence, S89°51'14"E, along the North line of said East 1/2 , a distance of 2,635.83 feet to the Northwest corner of said Section 32;

Thence, N89°26'04"E, along the North line of the Northwest 1/4 of Section 32, a distance of 2,650.29 feet to the North quarter corner of section 32;

Thence, N89°27'01"E, along the North line of the Northeast 1/4 of Section 32 , a distance of 2,651.17 feet to the Northwest corner of said section 33;

Thence, N89°39'17"E, along the North line of the Northwest 1/4 of Section 33, a distance of 2,644.00 feet to the North 1/4 corner of Section 33;

Thence, N89°40'58"E, along the North line of the Northeast 1/4 of Section 33, a distance of 2,644.65 feet to the Northwest corner of said Section 34;

Thence, N89°24'50"E, along the North line of the Northwest 1/4 of Section 34, a distance of 2,644.35 feet to the North 1/4 corner of Section 34;

Thence, N89°25'57"E, along the North line of the Northeast 1/4 of Section 34, a distance of 2,644.21 feet to the Northwest corner of said Section 35;

Thence, N89°13'34"E, along the North line of the Northwest 1/4 of Section 35, a distance of 2,652.53 feet to the North 1/4 corner of Section 35;

Thence, N89°25'25"E, along the North line of Northeast 1/4 of Section 35, a distance of 2,650.20 feet to the Northwest corner of said Section 36;

Thence, N89°39'37"E, along the North line of the Northwest 1/4 of Section 36, a distance of 2,642.30 feet to the North 1/4 corner of Section 36;

Thence, N89°39'50"E, along the North line of the Northeast 1/4 of Section 36, a distance of 1,436.88 feet to an East corner of the Berry land as described in Official Record Book 605, page 1149, public records of Hendry County;

Thence , continue N 89°39'50"E, along said North line 1205.97 feet to the Northwest corner of said Section 31, Township 43 South, Range 29 East;

Thence, N89°39'59"E, along the North line of said Section 31, Township 43 South, Range 29 East for 1878.01 feet to an intersection with a line parallel with and 1,877.97 feet Easterly of, as measured perpendicular to the West line of said Section 31, Township 43 South, Range 29 East;

Thence, S00°09'39"E, along said parallel line for 5298.32 feet to an intersection with a line parallel with and 1877.97 feet Easterly of, as measured perpendicular to the West line of said Section 6, Township 44 South, Range 29 East;

Thence, S00°13'51"E, along said parallel line for 5241.63 feet to an intersection with the South line of the Southwest quarter of said Section 6, Township 44 South, Range 29 East;

Thence, N89°53'18''W, along said South line for 1878.00 feet to the Southwest corner of said Section 6 also being the Northeast corner of said Section 12, Township 44 South, Range 28 East;

Thence, S00°33'18"E, along the East line of Section 12, a distance of 5,310.64 feet to the Southeast corner of Section 12;

Thence, S89°30'12''W, along the South line of the Southeast 1/4 of Section 12, a distance of 2,634.72 feet to the South 1/4 corner;

Thence, S89°09'14''W, along the South line of the Southwest 1/4, a distance of 2,632.48 feet to the Southeast corner of said Section 11;

Thence, S87°42'48''W, along the South line of the Southeast 1/4 of Section 11, a distance of 2,640.48 feet to the South 1/4 corner of section 11;

Thence, S87°51'34''W, along the South line of the Southwest 1/4 of Section 11, a distance of 2,641.90 feet to the Southeast corner of said Section 10;

Thence, N89°40'57''W, along the South line of the Southeast 1/4 of Section 10 , a distance of 2,643.20 feet to the South 1/4 corner of Section 10;

Thence, N89°41'44''W, along the South line of the Southwest 1/4 of Section 10, a distance of 2,643.59 feet to the Southeast corner of said Section 9;

Thence, N89°47'36''W, along the South line of the Southeast 1/4 of Section 9, a distance of 2,654.46 feet to the South 1/4 corner of Section 9;

Thence, N89°47'39''W, along the South line of the Southwest 1/4 of Section 9, a distance of 2,201.47 feet to a point of curvature with the arc of a circular curve to the right having a radius of 459.30 feet and a central angle of 89°13'48"; thence Northwesterly along the arc of said curve, for 715.29 feet to a point of tangency on the West line of Section 9;

Thence, N00°34'21''W, along the West line of Section 9, a distance of 2,230.83 feet to an intersection with a line being 50 feet Northerly of, as measured at right angles and parallel with the South line of the North 1/2 of said Section 8;

Thence, N89°52'19''W, along said parallel line, a distance of 5,287.36 feet;

Thence, N44°21'33''W, a distance of 2,971.24 feet;

Thence, N32°48'36''W, a distance of 535.22 feet to an intersection with a line being 300 feet Easterly of, as measured at right angles and parallel to the West line of the East 1/2 of Section 6, Township 44 South, Range 28 East;

Thence, S89°40'57''W, along the South line of section 6, Township 44 South, Range 28 East, a distance of 300.00 feet to the West line of the East 1/2 ;

Thence, N00°21'09''W, along said West line, a distance of 5,287.40 feet to the South 1/4 corner of said Section 31;

Thence, N00°21'57''W, along the West line of the East 1/2 of Section 31, a distance of 5,275.89 feet to the Point of Beginning.

Figure 1-13. Caloosahatchee River (C-43) West Basin Storage Reservoir Project Location

APPENDIX 2 UPPER EAST COAST PLANNING AREA

2-1 Upper East Coast Reservation Waterbodies

Appendix 3: Lower East Coast Planning Area

Figure 3-1 Nearshore Central Biscayne Bay Reservation Waterbody and Protected Canal Reaches

Figure 3-5. Location of the EAA Reservoir.

Figure 3-6. Key Features of the EAA Reservoir.

Appendix 4: Upper and Lower Kissimmee Basin

Planning Areas

Figure 4-1. Kissimmee River and Chain of Lakes reservation and contributing waterbodies.

Figure 4-2A. Lakes Hart-Mary Jane reservation waterbodies (no contributing waterbodies present). Unlabeled waterbodies in this figure are not included in this reservation waterbody group.

Figure 4-2B. Hydrograph of the current regulation schedule and the water reservation stage at S-62 (water reservation line) for Lakes Hart-Mary Jane reservation waterbodies. The water reservation line is derived from data in Table 4-2.

Table 4-2. Maximum daily water reservation stages at S-62 for Lakes Hart-Mary Jane reservation waterbodies (black line in Figure 4-2B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

61.00

60.83

60.62

60.29

59.90

59.50

60.00

61.00

60.82

60.61

60.28

59.89

59.53

60.00

60.03

61.00

60.82

60.60

60.27

59.88

59.57

60.00

60.06

61.00

60.81

60.59

60.25

59.86

59.60

60.00

60.10

61.00

60.80

60.58

60.24

59.85

59.63

60.00

60.13

61.00

60.79

60.58

60.23

59.84

59.67

60.00

60.16

61.00

60.78

60.57

60.21

59.82

59.70

60.00

60.19

61.00

60.78

60.56

60.20

59.81

59.73

60.00

60.23

61.00

60.77

60.55

60.19

59.80

59.77

60.00

60.26

61.00

60.76

60.55

60.18

59.79

59.80

60.00

60.29

61.00

60.99

60.75

60.54

60.16

59.77

59.83

60.00

60.32

61.00

60.98

60.75

60.53

60.15

59.76

59.87

60.00

60.35

61.00

60.98

60.74

60.52

60.14

59.75

59.90

60.00

60.39

61.00

60.97

60.73

60.52

60.12

59.73

59.93

60.00

60.42

61.00

60.96

60.72

60.51

60.11

59.72

59.97

60.00

60.45

61.00

60.95

60.72

60.50

60.10

59.71

60.00

60.48

61.00

60.95

60.71

60.49

60.08

59.69

60.00

60.52

61.00

60.94

60.70

60.47

60.07

59.68

60.00

60.55

61.00

60.93

60.69

60.46

60.06

59.67

60.00

60.58

61.00

60.92

60.68

60.45

60.05

59.66

60.00

60.61

61.00

60.92

60.68

60.44

60.03

59.64

60.00

60.65

61.00

60.91

60.67

60.42

60.02

59.63

60.00

60.68

61.00

60.90

60.66

60.41

60.01

59.62

60.00

60.71

61.00

60.89

60.65

60.40

59.99

59.60

60.00

60.74

61.00

60.88

60.65

60.38

59.98

59.59

60.00

60.77

61.00

60.88

60.64

60.37

59.97

59.58

60.00

60.81

61.00

60.87

60.63

60.36

59.95

59.56

60.00

60.84

61.00

60.86

60.62

60.34

59.94

59.55

60.00

60.87

61.00

60.85

60.33

59.93

59.54

60.00

60.90

61.00

60.85

60.32

59.92

59.53

60.00

60.94

61.00

60.84

60.31

59.51

60.00

60.97

61.00

Figure 4-3A. Lakes Myrtle-Preston-Joel reservation waterbodies (no contributing waterbodies present). Unlabeled waterbodies in this figure are not included in this reservation waterbody group.

Figure 4-3B. Hydrograph of the current regulation schedule and the water reservation stage at S-57 (water reservation line) for Lakes Myrtle-Preston-Joel reservation waterbodies. The water reservation line is derived from data in Table 4-3.

Table 4-3. Maximum daily water reservation stages at S-57 for Lakes Myrtle-Preston-Joel reservation waterbodies (black line in Figure 4-3B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

61.66

61.32

61.01

60.67

60.34

60.00

61.00

62.00

61.65

61.31

61.00

60.66

60.33

60.03

61.00

61.03

62.00

61.99

61.64

61.30

60.99

60.65

60.32

60.07

61.00

61.06

62.00

61.98

61.63

61.29

60.98

60.64

60.31

60.10

61.00

61.10

62.00

61.97

61.62

61.27

60.97

60.63

60.30

60.13

61.00

61.13

62.00

61.96

61.60

61.26

60.96

60.62

60.29

60.17

61.00

61.16

62.00

61.95

61.59

61.25

60.94

60.60

60.27

60.20

61.00

61.19

62.00

61.93

61.58

61.24

60.93

60.59

60.26

60.23

61.00

61.23

62.00

61.92

61.57

61.23

60.92

60.58

60.25

60.27

61.00

61.26

62.00

61.91

61.56

61.22

60.91

60.57

60.24

60.30

61.00

61.29

62.00

61.90

61.55

61.21

60.90

60.56

60.23

60.33

61.00

61.32

62.00

61.89

61.54

61.20

60.89

60.55

60.22

60.37

61.00

61.35

62.00

61.88

61.53

61.19

60.88

60.54

60.21

60.40

61.00

61.39

62.00

61.87

61.52

61.18

60.87

60.53

60.20

60.43

61.00

61.42

62.00

61.86

61.51

61.16

60.86

60.52

60.19

60.47

61.00

61.45

62.00

61.85

61.49

61.15

60.85

60.51

60.18

60.50

61.00

61.48

62.00

61.84

61.48

61.14

60.84

60.49

60.16

60.53

61.00

61.52

62.00

61.83

61.47

61.13

60.82

60.48

60.15

60.57

61.00

61.55

62.00

61.81

61.46

61.12

60.81

60.47

60.14

60.60

61.00

61.58

62.00

61.80

61.45

61.11

60.80

60.46

60.13

60.63

61.00

61.61

62.00

61.79

61.44

61.10

60.79

60.45

60.12

60.67

61.00

61.65

62.00

61.78

61.43

61.09

60.78

60.44

60.11

60.70

61.00

61.68

62.00

61.77

61.42

61.08

60.77

60.43

60.10

60.73

61.00

61.71

62.00

61.76

61.41

61.07

60.76

60.42

60.09

60.77

61.00

61.74

62.00

61.75

61.40

61.05

60.75

60.41

60.08

60.80

61.00

61.77

62.00

61.74

61.38

61.04

60.74

60.40

60.07

60.83

61.00

61.81

62.00

61.73

61.37

61.03

60.73

60.38

60.05

60.87

61.00

61.84

62.00

61.72

61.36

61.02

60.71

60.37

60.04

60.90

61.00

61.87

62.00

61.70

61.35

60.70

60.36

60.03

60.93

61.00

61.90

62.00

61.69

61.34

60.69

60.35

60.02

60.97

61.00

61.94

62.00

61.68

61.33

60.68

60.01

61.00

61.97

61.67

Figure 4-4A. East Lake Tohopekaliga reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

Figure 4-4B. Hydrograph of the current regulation schedule and the water reservation stage at S-59 (water reservation line) for East Lake Tohopekaliga reservation waterbodies. The water reservation line is derived from data in Table 4-4.

Table 4-4. Maximum daily water reservation stages at S-59 for East Lake Tohopekaliga reservation waterbodies (black line in Figure 4-4B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

58.00

57.38

56.83

56.21

55.62

55.00

56.00

56.50

57.00

58.00

57.98

57.36

56.81

56.19

55.60

55.03

56.03

56.50

56.52

57.03

58.00

57.96

57.34

56.79

56.17

55.58

55.07

56.07

56.50

56.53

57.06

58.00

57.94

57.32

56.77

56.15

55.56

55.10

56.10

56.50

56.55

57.10

58.00

57.92

57.30

56.75

56.13

55.54

55.13

56.13

56.50

56.57

57.13

58.00

57.90

57.28

56.73

56.11

55.52

55.17

56.17

56.50

56.58

57.16

58.00

57.88

57.26

56.71

56.09

55.50

55.20

56.20

56.50

56.60

57.19

58.00

57.86

57.25

56.69

56.07

55.48

55.23

56.23

56.50

56.62

57.23

58.00

57.84

57.23

56.67

56.05

55.46

55.27

56.27

56.50

56.63

57.26

58.00

57.82

57.21

56.65

56.03

55.44

55.30

56.30

56.50

56.65

57.29

58.00

57.80

57.19

56.63

56.01

55.42

55.33

56.33

56.50

56.67

57.32

58.00

57.78

57.17

56.61

55.99

55.40

55.37

56.37

56.50

56.68

57.35

58.00

57.76

57.15

56.59

55.97

55.38

55.40

56.40

56.50

56.70

57.39

58.00

57.74

57.13

56.57

55.95

55.36

55.43

56.43

56.50

56.72

57.42

58.00

57.72

57.11

56.55

55.93

55.34

55.47

56.47

56.50

56.73

57.45

58.00

57.70

57.09

56.53

55.91

55.32

55.50

56.50

56.75

57.48

58.00

57.68

57.07

56.51

55.89

55.30

55.53

56.50

56.77

57.52

58.00

57.66

57.05

56.49

55.87

55.28

55.57

56.50

56.78

57.55

58.00

57.64

57.03

56.47

55.85

55.26

55.60

56.50

56.80

57.58

58.00

57.62

57.01

56.45

55.83

55.24

55.63

56.50

56.82

57.61

58.00

57.60

56.99

56.43

55.81

55.22

55.67

56.50

56.83

57.65

58.00

57.58

56.97

56.41

55.79

55.20

55.70

56.50

56.85

57.68

58.00

57.56

56.95

56.39

55.77

55.18

55.73

56.50

56.87

57.71

58.00

57.54

56.93

56.37

55.75

55.16

55.77

56.50

56.88

57.74

58.00

57.52

56.91

56.35

55.74

55.14

55.80

56.50

56.90

57.77

58.00

57.50

56.89

56.33

55.72

55.12

55.83

56.50

56.92

57.81

58.00

57.48

56.87

56.31

55.70

55.10

55.87

56.50

56.93

57.84

58.00

57.46

56.85

56.29

55.68

55.08

55.90

56.50

56.95

57.87

58.00

57.44

56.27

55.66

55.06

55.93

56.50

56.97

57.90

58.00

57.42

56.25

55.64

55.04

55.97

56.50

56.98

57.94

58.00

57.40

56.23

55.02

56.50

57.97

58.00

Figure 4-5A. Lake Tohopekaliga reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

Figure 4-5B. Hydrograph of the current regulation schedule and the water reservation stage at S-61 (water reservation line) for Lake Tohopekaliga reservation waterbodies. The water reservation line is derived from data in Table 4-5.

Table 4-5. Maximum daily water reservation stages at S-61 for Lake Tohopekaliga reservation waterbodies (black line in Figure 4-5B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

55.00

54.38

53.83

53.21

52.62

52.00

53.00

53.50

54.00

55.00

54.98

54.36

53.81

53.19

52.60

52.03

53.03

53.50

53.52

54.03

55.00

54.96

54.34

53.79

53.17

52.58

52.07

53.07

53.50

53.53

54.06

55.00

54.94

54.32

53.77

53.15

52.56

52.10

53.10

53.50

53.55

54.10

55.00

54.92

54.30

53.75

53.13

52.54

52.13

53.13

53.50

53.57

54.13

55.00

54.90

54.28

53.73

53.11

52.52

52.17

53.17

53.50

53.58

54.16

55.00

54.88

54.26

53.71

53.09

52.50

52.20

53.20

53.50

53.60

54.19

55.00

54.86

54.25

53.69

53.07

52.48

52.23

53.23

53.50

53.62

54.23

55.00

54.84

54.23

53.67

53.05

52.46

52.27

53.27

53.50

53.63

54.26

55.00

54.82

54.21

53.65

53.03

52.44

52.30

53.30

53.50

53.65

54.29

55.00

54.80

54.19

53.63

53.01

52.42

52.33

53.33

53.50

53.67

54.32

55.00

54.78

54.17

53.61

52.99

52.40

52.37

53.37

53.50

53.68

54.35

55.00

54.76

54.15

53.59

52.97

52.38

52.40

53.40

53.50

53.70

54.39

55.00

54.74

54.13

53.57

52.95

52.36

52.43

53.43

53.50

53.72

54.42

55.00

54.72

54.11

53.55

52.93

52.34

52.47

53.47

53.50

53.73

54.45

55.00

54.70

54.09

53.53

52.91

52.32

52.50

53.50

53.75

54.48

55.00

54.68

54.07

53.51

52.89

52.30

52.53

53.50

53.77

54.52

55.00

54.66

54.05

53.49

52.87

52.28

52.57

53.50

53.78

54.55

55.00

54.64

54.03

53.47

52.85

52.26

52.60

53.50

53.80

54.58

55.00

54.62

54.01

53.45

52.83

52.24

52.63

53.50

53.82

54.61

55.00

54.60

53.99

53.43

52.81

52.22

52.67

53.50

53.83

54.65

55.00

54.58

53.97

53.41

52.79

52.20

52.70

53.50

53.85

54.68

55.00

54.56

53.95

53.39

52.77

52.18

52.73

53.50

53.87

54.71

55.00

54.54

53.93

53.37

52.75

52.16

52.77

53.50

53.88

54.74

55.00

54.52

53.91

53.35

52.74

52.14

52.80

53.50

53.90

54.77

55.00

54.50

53.89

53.33

52.72

52.12

52.83

53.50

53.92

54.81

55.00

54.48

53.87

53.31

52.70

52.10

52.87

53.50

53.93

54.84

55.00

54.46

53.85

53.29

52.68

52.08

52.90

53.50

53.95

54.87

55.00

54.44

53.27

52.66

52.06

52.93

53.50

53.97

54.90

55.00

54.42

53.25

52.64

52.04

52.97

53.50

53.98

54.94

55.00

54.40

53.23

52.02

53.50

54.97

55.00

Figure 4-6A. Alligator Chain of Lakes reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

Figure 4-6B. Hydrograph of the current regulation schedule and the water reservation stage at S-60 (water reservation line) for Alligator Chain of Lakes reservation waterbodies. The water reservation line is derived from data in Table 4-6.

Table 4-6. Maximum daily water reservation stages at S-60 for Alligator Chain of Lakes reservation waterbodies (black line in Figure 4-6B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

63.86

63.50

63.17

62.79

62.40

62.00

63.00

63.20

64.00

63.85

63.49

63.16

62.78

62.39

62.03

63.03

63.20

63.23

64.00

63.84

63.48

63.15

62.77

62.38

62.07

63.07

63.20

63.25

64.00

63.83

63.47

63.14

62.75

62.36

62.10

63.10

63.20

63.28

64.00

63.81

63.45

63.13

62.74

62.35

62.13

63.13

63.20

63.30

64.00

63.80

63.44

63.12

62.73

62.34

62.17

63.17

63.20

63.33

64.00

63.79

63.43

63.10

62.71

62.32

62.20

63.20

63.35

64.00

63.78

63.42

63.09

62.70

62.31

62.23

63.20

63.38

64.00

63.77

63.41

63.08

62.69

62.30

62.27

63.20

63.41

64.00

63.76

63.40

63.07

62.68

62.29

62.30

63.20

63.43

64.00

63.74

63.38

63.06

62.66

62.27

62.33

63.20

63.46

64.00

63.73

63.37

63.05

62.65

62.26

62.37

63.20

63.48

64.00

63.72

63.36

63.03

62.64

62.25

62.40

63.20

63.51

64.00

63.71

63.35

63.02

62.62

62.23

62.43

63.20

63.54

64.00

63.70

63.34

63.01

62.61

62.22

62.47

63.20

63.56

64.00

63.69

63.33

63.00

62.60

62.21

62.50

63.20

63.59

64.00

63.67

63.31

62.99

62.58

62.19

62.53

63.20

63.61

64.00

63.66

63.30

62.97

62.57

62.18

62.57

63.20

63.64

64.00

63.65

63.29

62.96

62.56

62.17

62.60

63.20

63.66

64.00

63.64

63.28

62.95

62.55

62.16

62.63

63.20

63.69

64.00

63.63

63.27

62.94

62.53

62.14

62.67

63.20

63.72

64.00

63.99

63.62

63.26

62.92

62.52

62.13

62.70

63.20

63.74

64.00

63.98

63.60

63.24

62.91

62.51

62.12

62.73

63.20

63.77

64.00

63.97

63.59

63.23

62.90

62.49

62.10

62.77

63.20

63.79

64.00

63.95

63.58

63.22

62.88

62.48

62.09

62.80

63.20

63.82

64.00

63.94

63.57

63.21

62.87

62.47

62.08

62.83

63.20

63.85

64.00

63.93

63.56

63.20

62.86

62.45

62.06

62.87

63.20

63.87

64.00

63.92

63.55

63.19

62.84

62.44

62.05

62.90

63.20

63.90

64.00

63.91

63.53

62.83

62.43

62.04

62.93

63.20

63.92

64.00

63.90

63.52

62.82

62.42

62.03

62.97

63.20

63.95

64.00

63.88

63.51

62.81

62.01

63.20

63.97

63.87

Figure 4-7A. Lake Gentry reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

Figure 4-7B. Hydrograph of the current regulation schedule and the water reservation stage at S-63 (water reservation line) for Lake Gentry reservation waterbodies. The water reservation line is derived from data in Table 4-7.

Table 4-7. Maximum daily water reservation stages at S-63 for Lake Gentry reservation waterbodies (black line in Figure 4-7B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

61.50

61.37

61.13

60.69

60.10

59.50

60.50

61.00

61.50

61.36

61.12

60.67

60.08

59.53

60.53

61.00

61.02

61.50

61.35

61.11

60.65

60.06

59.57

60.57

61.00

61.03

61.50

61.34

61.10

60.63

60.05

59.60

60.60

61.00

61.05

61.50

61.34

61.09

60.61

60.03

59.63

60.63

61.00

61.06

61.50

61.33

61.09

60.59

60.01

59.67

60.67

61.00

61.08

61.50

61.32

61.08

60.57

59.99

59.70

60.70

61.00

61.10

61.50

61.31

61.07

60.55

59.97

59.73

60.73

61.00

61.11

61.50

61.30

61.06

60.53

59.95

59.77

60.77

61.00

61.13

61.50

61.29

61.05

60.51

59.93

59.80

60.80

61.00

61.15

61.50

61.28

61.04

60.49

59.91

59.83

60.83

61.00

61.16

61.50

61.28

61.03

60.47

59.89

59.87

60.87

61.00

61.18

61.50

61.27

61.03

60.45

59.87

59.90

60.90

61.00

61.19

61.50

61.26

61.02

60.44

59.85

59.93

60.93

61.00

61.21

61.50

61.25

61.01

60.42

59.83

59.97

60.97

61.00

61.23

61.50

61.24

61.00

60.40

59.81

60.00

61.00

61.24

61.50

61.23

60.98

60.38

59.79

60.03

61.00

61.26

61.50

61.49

61.22

60.96

60.36

59.77

60.07

61.00

61.27

61.50

61.48

61.22

60.94

60.34

59.75

60.10

61.00

61.29

61.50

61.47

61.21

60.92

60.32

59.73

60.13

61.00

61.31

61.50

61.47

61.20

60.90

60.30

59.71

60.17

61.00

61.32

61.50

61.46

61.19

60.88

60.28

59.69

60.20

61.00

61.34

61.50

61.45

61.18

60.86

60.26

59.68

60.23

61.00

61.35

61.50

61.44

61.17

60.84

60.24

59.66

60.27

61.00

61.37

61.50

61.43

61.16

60.82

60.22

59.64

60.30

61.00

61.39

61.50

61.42

61.16

60.81

60.20

59.62

60.33

61.00

61.40

61.50

61.41

61.15

60.79

60.18

59.60

60.37

61.00

61.42

61.50

61.41

61.14

60.77

60.16

59.58

60.40

61.00

61.44

61.50

61.40

60.75

60.14

59.56

60.43

61.00

61.45

61.50

61.39

60.73

60.12

59.54

60.47

61.00

61.47

61.50

61.38

60.71

59.52

61.00

61.48

61.50

Figure 4-8A. Headwaters Revitalization Lakes reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

Figure 4-8B. Hydrograph of the authorized Headwaters Revitalization Schedule (HRS) at S-65 (derived from data in Table 4-8) for the Headwaters Revitalization Lakes reservation waterbodies.

Table 4-8. Stages for the Headwaters Revitalization Lakes reservation waterbodies (yellow line in Figure 4-8B).

Day

January

February

March

April

May

June

July

August

September

October

November

December

54.00

53.69

53.41

53.10

52.81

52.50

52.52

53.01

53.51

54.00

53.99

53.68

53.40

53.09

52.80

52.50

52.53

53.02

53.53

54.00

53.98

53.67

53.39

53.08

52.79

52.50

52.55

53.04

53.54

54.00

53.97

53.66

53.38

53.07

52.78

52.50

52.57

53.05

53.56

54.00

53.96

53.65

53.37

53.06

52.77

52.50

52.58

53.07

53.58

54.00

53.95

53.64

53.36

53.05

52.76

52.50

52.60

53.09

53.59

54.00

53.94

53.63

53.35

53.04

52.75

52.50

52.61

53.10

53.61

54.00

53.93

53.63

53.34

53.03

52.74

52.50

52.63

53.12

53.62

54.00

53.92

53.62

53.33

53.02

52.73

52.50

52.65

53.14

53.64

54.00

53.91

53.61

53.32

53.01

52.72

52.50

52.66

53.15

53.66

54.00

53.90

53.60

53.31

53.00

52.71

52.50

52.68

53.17

53.67

54.00

53.89

53.59

53.30

52.99

52.70

52.50

52.70

53.18

53.69

54.00

53.88

53.58

53.29

52.98

52.69

52.50

52.71

53.20

53.71

54.00

53.87

53.57

53.28

52.97

52.68

52.50

52.73

53.22

53.72

54.00

53.86

53.56

53.27

52.96

52.67

52.50

52.74

53.23

53.74

54.00

53.85

53.55

53.26

52.95

52.66

52.50

52.76

53.25

53.76

54.00

53.84

53.54

53.25

52.94

52.65

52.50

52.78

53.27

53.77

54.00

53.83

53.53

53.24

52.93

52.64

52.50

52.79

53.28

53.79

54.00

53.82

53.52

53.23

52.92

52.63

52.50

52.81

53.30

53.80

54.00

53.81

53.51

53.22

52.91

52.62

52.50

52.83

53.32

53.82

54.00

53.80

53.50

53.21

52.90

52.61

52.50

52.84

53.33

53.84

54.00

53.79

53.49

53.20

52.89

52.60

52.50

52.86

53.35

53.85

54.00

53.78

53.48

53.19

52.88

52.59

52.50

52.88

53.36

53.87

54.00

53.77

53.47

53.18

52.88

52.58

52.50

52.89

53.38

53.89

54.00

53.76

53.46

53.17

52.87

52.57

52.50

52.91

53.40

53.90

54.00

53.75

53.45

53.16

52.86

52.56

52.50

52.92

53.41

53.92

54.00

53.74

53.44

53.15

52.85

52.55

52.50

52.94

53.43

53.93

54.00

53.73

53.43

53.14

52.84

52.54

52.50

52.96

53.45

53.95

54.00

53.72

53.42

53.13

52.83

52.53

52.50

52.97

53.46

53.97

54.00

53.71

53.12

52.82

52.52

52.50

52.99

53.48

53.98

54.00

53.70

53.11

52.51

52.50

53.49

54.00

Figure 4-9. Kissimmee River reservation and contributing waterbodies. Unlabeled waterbodies in this figure are not included in this reservation/contributing waterbody group.

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Laws Implemented 373.016, 373.026, 373.036, 373.1501, 373.1502, 373.219, 373.223, 373.4592, 373.4595, 373.470 FS. History‒New 3-21-21.

Chapter 40E-20 GENERAL WATER USE PERMITS

Fla. Admin. Code R. 40E-20.010 Review of General Water Use Permit Applications

History

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History–New 7-2-98, Amended 8-14-02, 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.011 Policy and Purpose

History

Rulemaking Authority 373.044, 373.083, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.083, 373.103(4), 373.118, 373.219 FS. History–New 9-3-81, Formerly 16K-2.032(4), 16K-3.031(4), Amended 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, 2-13-08, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.061 Delegation of Authority Pertaining to General Water Use Permits

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118 FS. History–New 8-14-02, Amended 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.091 Publications Incorporated by Reference

History

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.171, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 9-13-07, 2-13-08, 10-14-08, 7-2-09, 3-15-10, 3-18-10, 9-26-12, 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.101 Content of General Water Use Permit Applications

History

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.219, 373.223, 373.229 FS. History–New 8-14-02, Amended 8-31-03 (2), 8-31-03 (3), 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.141 Request for Additional Information

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(2), 373.219 FS. History–New 9-3-81, Amended 4-20-94, 7-2-98, 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-20.301 Conditions for Issuance of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.036, 373.042, 373.103(4), 373.1501, 373.1502, 373.223, 373.229, 373.2295, 373.470 FS. History–New 8-14-02, Amended 8-31-03, 4-23-07, 2-13-08, 7-2-09, 9-26-12, 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.302 Types of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Amended 12-1-82, Formerly 16K-2.031(1), 16K-2.032(1)(b), Amended 2-24-85, 3-29-87, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 7-2-09, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.321 Duration of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.236 FS. History–New 9-3-81, Formerly 16K-2.031(2)(j), 16K-2.032(2)(d), Amended 7-26-87, 4-20-94, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 10-23-12, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.331 Modification of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 4-20-94, Amended 7-11-96, 4-9-97, 12-10-97, 8-14-02, 8-31-03, 4-23-07, 2-13-08, 7-2-09, 3-15-10, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.341 Revocation of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60(6), 373.103(4), 373.219, 373.229 FS. History–New 9-3-81, Formerly 16K-2.031(5), 16K-2.032(5), Amended 4-20-94, 7-2-98, 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-20.351 Transfer of General Water Use Permits

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.223, 373.229, 373.239 FS. History–New 12-1-82, Amended 4-20-94, 8-14-02, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.381 Limiting Conditions

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 9-3-81, Formerly 16K-2.031(2), 16K-2.032(2), Amended 2-24-85, 7-26-87, 4-20-94, 7-11-96, 4-9-97, 12-10-97, 11-4-01, 8-14-02, 4-23-07, 2-13-08, Repealed 7-14-14.

Fla. Admin. Code R. 40E-20.391 Publication

History

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.042, 373.0421, 373.103(4), 373.118, 373.219, 373.223 FS. History–New 8-14-02, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 40E-21 WATER SHORTAGE PLAN

Fla. Admin. Code R. 40E-21.011 Policy and Purpose

(1) The rules in this chapter comprise the District’s water shortage plan required under Section 373.246(1), F.S. The purposes of the plan are to protect the water resources of the District from harm; to assure equitable distribution of available water resources among all water users during times of shortage, consistent with the goals of minimizing adverse economic, social and health related impacts; to provide advance knowledge of the means by which water apportionments and reductions will be made during times of shortage, and to promote greater security for water use permittees.

(2) These rules apply to all water users including those exempt from permitting pursuant to Rule 40E-2.051, F.A.C. However, these rules shall not apply to users whose source of water is limited solely to treated effluent or seawater. Thus, for each regulated source and type of use it is the policy of the District to restrict water users uniformly, regardless of whether the user uses water from a public or private utility system, pursuant to a consumptive use permit issued under Chapter 40E-2, F.A.C., or from a private well for domestic or individual home use.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 5-31-82.

Fla. Admin. Code R. 40E-21.031 Elements of the Plan

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 5-31-82, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-21.051 Definitions

(1) “Water shortage” means that situation within all or part of the District when insufficient water is available to meet the present and anticipated needs of the users, or when conditions are such as to require temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought.

(2) “Water shortage emergency” means that situation when the powers which can be exercised under Chapter 40E-21, Part II, F.A.C., are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.

(3) “User” means any person, natural or artificial, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including but not limited to uses from private or public utility systems, uses under consumptive use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps for domestic or individual home use. The term does not include persons who use treated effluent or seawater.

(4) “Water resource” means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

(5) “Source class” means the assigned water resource from which a user is obtaining water either directly or indirectly. Source classes within the District are specified in Rule 40E-21.631, F.A.C.

(6) “Use class” means the category describing the purpose for which the user is utilizing water. Use classes within the District are specified in Rule 40E-21.651, F.A.C.

(7) “Method of withdrawal class” means the type of facility or means of extraction or diversion of the water resource employed by the user. Method of withdrawal classes within the District are specified in Rule 40E-21.671, F.A.C.

(8) “Surface water use basin” means the geographical area within which a user obtains water from surface waters. Surface water use basins are a type of source class and are identified in subsection 40E-21.631(1), F.A.C.

(9) “Ground water source” means a source class within which users obtain water directly from water table aquifers or from confined or semi confined aquifers. Ground water sources are a type of source class and are identified in subsection 40E-21.631(2), F.A.C.

(10) “Percent reduction in overall demand” means the weighted average reduction in all water uses within a source class, regardless of the type of use or method of withdrawal, which is necessary to reduce estimated present and anticipated demand to estimated present and anticipated available water supply.

(11) “Plan” means the water shortage plan authorized in Section 373.246, F.S., and contained in this chapter.

(12) “Low-volume irrigation” means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water use in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included.

(13) “Overhead irrigation” means the use of equipment and devices which deliver water under pressure, through the air, above the level of the plant being irrigated.

(14) “Flood irrigation” means the delivery of plant or crop irrigation water by the design and practice of the flowing of water over the surface to saturate the root zone or in specific applications the raising of the level of groundwater through the root zone or to the soil surface.

(15) “Low volume hand watering” means watering by one hose attended by one person, fitted with a self-canceling or automatic shutoff nozzle.

(16) “Low-volume mobile equipment washing” means the washing of mobile equipment with a “bucket” and “sponge” or a hose with a self-canceling or automatic shutoff nozzle or both.

(17) “Low-volume pressure cleaning” means pressure cleaning by means of equipment which is specifically designed to reduce the inflow volume as accepted by industry standards.

(18) “Nursery stock” means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering annual plants, aquatic plants, seeds, corns, or tubers, grown or kept for propagation, distribution or sale.

(19) “Mobile equipment” means any public, private or commercial automobile, truck, trailer, railroad car, camper, boat, or any other type of similar equipment. The term shall not include mobile homes, boats that serve as a primary residence, sanitation or sludge vehicles or food vending or transporting vehicles.

(20) “Even numbered address” means the house address, box number or rural route ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. Post office box numbers are not included.

(21) “Odd numbered address” means the house address, box number or rural route ending in the numbers, 1, 3, 5, 7, 9 or the letters N-Z. Post office box numbers are not included.

(22) “Odd numbered days” means the days whose dates end in the numbers 1, 3, 5, 7 or 9. For purposes of this chapter the date shall be determined by the day during which a watering period ends.

(23) “Low-volume watering” means the use of equipment, devices, materials and/or methods, including low-volume hand watering, which limit the amount of water applied to a surface to the minimum necessary for dust control or evaporation suppression; use of equipment specifically designed to reduce flow and increase saturation efficiency to a level accepted under industry standards.

(24) “License” means, but is not limited to, the appropriate professional registration, occupational license, contractor license or applicator license for the jurisdiction in which work is being performed.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 5-31-82, Amended 1-26-86, 2-14-91, 9-10-01.

Fla. Admin. Code R. 40E-21.132 Water Use Restrictions

PART II DECLARING AND IMPLEMENTING A WATER SHORTAGE

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.175, 373.246 FS. History–New 9-3-81, Amended 7-4-82, Formerly 16K-30.09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 40E-21.221 Evaluating Water Conditions

(1) This rule sets forth the steps the District will take to periodically evaluate water conditions within the District in order to determine whether a water shortage should be declared.

(2) The District shall monitor the condition of the water resources in the District as provided in Rule 40E-21.401, F.A.C.

(3) Current data shall be compared to historical data to determine whether estimated present and anticipated available water supply within any source class will be insufficient to meet the estimated present and anticipated demands of the users from the source class, or whether serious harm to the water resources can be expected. It shall be the policy of the District to seek the cooperation and assistance of state, county and municipal government officials in developing the historic and technical data used to periodically evaluate water conditions.

(a) Present and anticipated available water supply shall be periodically estimated for each source class. Factors considered in estimating present and anticipated available supply within a source class may include:

Historic, current and anticipated levels in surface and ground waters, including potentiometric heads in confined and semiconfined aquifers,
Historic, current and anticipated flows in surface waters,
The extent to which water may be transferred from one source class to another,
The extent to which present water use restrictions may enhance future supplies, or postpone more stringent restrictions,
Historic, current and anticipated demand of natural systems, including losses due to evapotranspiration and seepage,
Historic, current and anticipated seasonal fluctuation in rainfall, and
Other water resources factors affecting present and anticipated available water supply.

(b) Present and anticipated user demands for each use and method of withdrawal class shall be periodically estimated for each source class. Factors considered in estimating the present and anticipated demands of the users within a source class include:

Estimated current and anticipated demands of permitted users,
Estimated current and anticipated demands of users exempt from permitting, but subject to the provisions of the water shortage plan,
Current and anticipated demands of users whose supply of water is established by federal law,
Anticipated seasonal fluctuations in user demands,
The extent to which user demands may be met from other source classes, and
Other factors affecting present and anticipated water demands.

(c) Estimated present and anticipated available water supply shall be periodically compared to estimated present and anticipated user demands to determine impact on the water resource. Factors considered in determining whether serious harm to the water resource may occur include:

Potential for increased saltwater intrusion or other ground water contamination,
Potential for irreversible adverse impacts on fish and wildlife, and
Other factors adversely impacting the water resource.

(d) Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage provisions contained in Chapters 40E-8 and 40E-22, F.A.C. Minimum flows and levels shall be implemented allowing for a shared adversity between consumptive uses and water resources, consistent with this chapter, and Chapters 40E-8 and 40E-22, F.A.C.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 5-31-82, Amended 1-26-86, 9-10-01, 9-12-18.

Fla. Admin. Code R. 40E-21.231 Declaring a Water Shortage

(1) If in the opinion of the District there is a possibility that insufficient water will be available within a source class to meet the estimated present and anticipated user demands from that source, or to protect the water resource from serious harm, as determined by evaluating the factors in Rule 40E-21.221, F.A.C., the Board may declare a water shortage for the affected source class. When the affected source extends beyond the District’s boundaries, the District shall coordinate water shortage declarations with the appropriate water management districts to the extent practicable.

(2) A water shortage may also be declared for those source classes not presently experiencing a water shortage if usage from such sources can reasonably be expected to impact the present and anticipated available water supply in those source classes identified in subsection (1).

(3) Prior to declaring a water shortage for a source class, the Board or the Executive Director may issue a water shortage warning calling for voluntary reductions in demand within that source.

(4) If a water shortage is declared for a source class, the District shall estimate the percent reduction in overall demand required to reduce demand to available water supply. The restricted area may include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service area which impacts a source class for which a water shortage is declared.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 5-31-82, Amended 1-26-86, 9-10-01.

Fla. Admin. Code R. 40E-21.251 Water Shortage Phases

(1) This rule establishes four phases of water shortage as a function of the estimated percent reduction in overall demand required to reduce estimated present and anticipated demand to estimated present and anticipated available water supply. The water shortage phase determines the type of water use restrictions which will be ordered in a declared water shortage.

(2) The following water shortage phases are established:

Water Shortage Phase

Color Code

% reduction in overall demand

I. Moderate Water Shortage

Yellow

less than 15%

II. Severe Water Shortage

Orange

less than 30%

III. Extreme Water Shortage

Red

less than 45%

IV. Critical Water Shortage

Purple

less than 60%

(3) Each source class for which a water shortage has been declared shall be assigned a specific water shortage phase. More than one source class may be combined into a single class for this purpose. The water shortage phase selected for a source class is based upon:

(a) The estimated percent reduction in overall demand as determined in subsection 40E-21.231(4), F.A.C., and

(b) For areas with multiple sources, the extent to which users have the capability to obtain water from a source or sources other than the source class for which a water shortage has been declared.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 5-31-82, Amended 9-12-18.

Fla. Admin. Code R. 40E-21.271 General Water Use Restrictions

(1) This rule specifies general water use restrictions for all users for each water shortage phase. Specific restrictions by user class are presented in Part V of this chapter. Users desiring detailed information about the specific restrictions applying to their use should refer to Part V.

(2) The Board will order any combination of the water use restrictions specified in the chapter for the appropriate water shortage phase for each affected source class. The restricted area will include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service area which impacts a source class for which a water shortage is declared.

(3) Additional restrictions to consider include:

(a) Provisions that recognize the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board or the Executive Director, providing for the mutual reduction, sharing, or rotation of use,

(b) Provisions for the distribution of water to permittees in exchange for ceasing or reducing ground or surface water withdrawals,

(d) Provisions designed to implement minimum flows and levels through water shortage rules in this chapter, and Chapters 40E-8 and 40E-22, F.A.C.

(e) Provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared,

(f) Provisions for monitoring water levels and determining chloride concentrations in order to protect against salt water intrusion or other deterioration of water quality including the closing and plugging of wells,

(g) Restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year,

(h) Restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water,

(i) Restrictions on pumping rates or diversion rates, or

(j) Such other provisions or restrictions as are necessary to protect the water resources from serious harm.

History

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.042, 373.0421, 373.175, 373.246 FS. History–New 5-31-82, Amended 1-26-86, 9-10-01, 9-12-18.

Fla. Admin. Code R. 40E-21.275 Variances

(1) All users requesting relief from the provisions of this rule chapter shall file an application for variance but must conform to water use restrictions until the Executive Director grants a temporary variance or the Board grants the variance.